HomeMy WebLinkAboutFebruary 9, 2015
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Executive Committee Meeting Agenda
Monday, February 9, 2015
Council Chambers
2:00 pm
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Report PW 01-15
Subject: Supply and Delivery of One New Latest
Model Year, 41,000 lb. GVW Dump Truck
with Snow Plow and Wing
Quotation No. Q-54-2014
3. Approved Source of Funds
2014 Roads Capital Budget
Account Source of Funds
5320.1402.6158
5320.1402.6158
Additional Funds
Required
Total Funds
DC City's Share
Reserve
DC Reserve Fund.-
Operations Services
DC City's Share
Reserve
DC Reserve Fund-
Operations Services
I Net Project Cost under (over) Approved Funds
February 9, 2015
Page 3
Available Budget Required
$19,500.00 $19,500.00
175,500.00 175,500.00
1,781.00
16.029.00
$195.000.00 $212.810.00
($17,81o.oo) 1
The amount submitted in the 2014 Budget was an estimate based on previous
purchases of a dump truck with snow plow and wing that met the City's specific
requirements. However, current market value and updated specifications resulted in a
net project cost of $17,810.00 (approximately 9%) higher than the approved funds.
The additional funds required will be funded in the same ratio as the approved budget
funding sources, specifically 10% from the Development Charges (DC) City's Share
Reserve and 90% from the Development Charges (DC) Reserve Fund-Operations
Services.
Discussion: A new, 41,000 lb GVW Dump Truck with Plow and Wing was identified
and approved in the 2014 Roads Capital Budget. Specifications for this vehicle were
revised from previous documents to provide for a more robust vehicle with improved
ergonomics, visibility, and increased power, with increased load capacities to provide
better dump truck and snow plowing capabilities.
An Evaluation Committee consisting of Supply & Services and Engineering & Public
Works staff met on December 2, 2014 and each committee member evaluated the three
quotations based on the rated criteria. A combined average score for each quotation
was determined as part of Stage II of the evaluation process.
CORP0227-07/01 revised
3
E!\!Ytt~J~··=" "[0 REPORT# PIJJ oJ-16 -· 3~.d~~ Quotation No. Q-54-2014
Part 2-Evaluation of Quotations
2.1 Stages of Evaluation
The evaluation of quotations will be conducted-in the following stages:
• Stage I will consist of a review to determine which submissions satisfy all of the mandatory
requirements. Those submissions.that satisfy the mandatory requirements will proceed to
Stage II.
• Stage II will consist of a scoring on the basis of the Rated Criteria. Subject to the Terms of
Reference and Governing Law, the top-ranked respondent as established under the
evaluation will be selected to enter into a contract for the provision of the Deliverables. The
selected respondent will be expected to enter into a contract within the timeframe specified
in the selection notice. Failure to do so may, among other things, result in the
disqualification of the respondent and the selection of another respondent, or the
cancellation of the RFQ.
2.2 Stage I-Mandatory Requirements, Submission and Rectification
2.2.1 Submission and Rectification Date
Other than inserting the information requested on the mandatory submission forms set out in
the RFQ, a respondent may not make any changes to any of the forms. Respondents
submitting quotations that do not meet the mandatory requirements will be provided an
opportunity prior to the Rectification Date to rectify any deficiencies.
2.2.2 Quotation Form (Appendix B)
Each qUotation must include a Quotation Form (Appendix B) completed and signed by the
respondent.
2.2.3 Other Mandatory Requirem~nts
The respondent shall include detailed product literature that includes warranty details and full
specifications of the unit being quoted.
The respondent shall provide a demonstration of the cab and chassis being quoted upon or an
exact equivalent model, including a provision for City staff to operate the vehicle. The vehicle will
be demonstrated at the City of Pickering Operations Centre, 2570 Tillings Road, Pickering Ontario
or at a mutually convenient location. Such demonstration shall be provided at no charge to the
City and scheduled at a mutually agreeable time and date.
2.2.4 Rectification Date
Quotations satisfying the mandatory requirements before the Rectification Date will proceed to
. Stage II. Quotations failing to satisfy the mandatory requirements by the Rectification Date will
be excluded from further consideration.
Page 5 of 42
7
20
APPendix "II"
Lease Renewal Agreement
LEASE RENEWAL AGREEMENT
THIS INDENTURE dated the 21st day of April, _2011, to be effective as of April1"\ 2011.
BETWEEN: D'Angelo (P. & G.) Homes Limited
a company incorporated under the laws of the Province of Ontario.,
hereinafter referred to as "Landlord"
-and-
Corporation of the City of Pickering
a company incorporated under the laws of the Province of Ontario.
hereinafter referred to as "Tenant•
WHEREAS by a Lease dated December 28th, 2010, D'Angelo (P. & G.) Homes Limited, as
Landlord; did lease to Corporation of the City of Pickering, as Tenant, the premises-municipally
known as 935 Dillingham Road, Pickering, Ontario L 1C 3W9 consisting of a ground floor of 4400
square feet (the "Premises" or the "Demised Premises"), for a term ending April 30, 2011, herein
attached as Appendix "I"
AND WHEREAS the original. lease contains one (1) option to renew for a one (1) further term of
three (3) years, and the Tenant is desirous of exercising its first option to renew the term of the
Lease, subject to certain amendments to the original lease.
AND WHEREAS the Tenant has requested to the Landlord· to permit the Tenant to have an
additional option to renew for a further term of one (1) year and the Landlord has agreed to allow
the Tenant to have an additional term of one (1) year so that, provided that the Tenant is not in
default, the Tenant will have one (1) remaining option to renew for one (1) year, after the Tenant
has exercised its option to renew the Lease from April1, 2011 to March 31, 2014, In accordance
with this Lease Agreement;
AND WHEREAS the original Lease Agreement and the aforesaid Lease Renewal Agreement as
amended from time to time by the agreements referred to hereinabove, ls hereinafter collectively
referred to as the "Lease";
AND WHEREAS the parties hereto agree that the Lease is in full force and effecl
NOW THEREFORE BE IT AGREED BETWEEN THE PARTIES AS FOLLOWS:
The term of the Lease shall be extended for a further term of three (3) years, commencing April 1,
2011 and each and every one of the provisions of the Lease are to remain in full force and effect _
up to and including March 31, 2014 save and except the parties hereto agree to amend the Lease
effective from April 1, 2011 as follows:
1: Delete the first paragraph of section 2 of the Lease and replace with the following:
TO HAVE AND TO HOLD the Demised Premises for and during a term of three (3) years to
commence on April 1, 2011 and thenceforth next ensuing and fully to be completed and ended on
March 31, 2014 (sometimes hereinafter referred to as "First Renewal Period").
2. Delete the first paragraph of section 3 of the Lease and replace with the following:
YIELDING AND PAYING THEREFORE unto the Landlord, its successors and assigns (at such
place or places as the Landlord shall designate from time to time in writing) yearly and every year
throughout the First Renewal Period hereby demised a Minimum Rent equal to:
DURING THE PERIOD APRIL 1. 2011 TO MARCH 31. 2014:
A) TWENTY-TWO THOUSAND DOLLARS ($22,000.00) PER ANNUM
PAYABLE IN EQUAL CONSECUTIVE MONTHLY INSTALLMENTS OF
ONE THOUSAND EIGHT HUNDRED AND THIRTY THREE DOLLARS-
33/100 ($1,833.33) EACH IN ADVANCE ON THE FIRST DAY OF EACH
MONTH.
2
3. The fourth (4111) paragraph of Section 2 of the Lease Agreement is hereby deleted and the
following shall be inserted in its place: -
(a) PROVIDED the Tenant is not in default in the observance and performance of ·
any of the covenants, provisos and agreements in this Lease on its part to be paid, observed and
performed of which due notice of default has been given by the Landlord to the Tenant at the time
of the Tenant's notice of election to. renew this Lease is given to the Landlord, the Landlord will at
the expiration of the First Renewal Period, and upon the written request of the Tenant, mailed by
registered mail or delivered to the Landlord not later than September 30, 2013 grant to the Tenant
a renewal for a further term of 12 month {hereinafter referred to as the "Second Renewal
Period") commencing April1, 2014 upon the same terms and conditions as are amended herein
save and except for the Minimum Rent, which minimum rent is to be agreed upon (the "Second
Renewal Minimum Rent") for the Demised Premises.
Notwithstanding anything contained herein to contrary, the Minimum Rent for the Second
Renewal Term shall be determined using the current fair market values for equivalent commercial
premises in the area where the Demised Premises are located; however, the Minimum Rent
during any portion of the Second Renewal Term shall not be less than the Minimum Rent paid
during the First Renewal Term.
In the event that the Landlord and the Tenant are unable to agree upon the Second Renewal
Minimum Rent, the same shall be determined by Arbitration in accordance with the provisions of
the Arbitration Act, 1991, of Ontario, as amended.
Pending agreement of the parties as to the new Minimum Rent, or its determination by arbitration,
the Tenant shall continue to pay the Minimum Rent payable during the last year of the First
Renewal Period, and upon the new Minimum Rent being established stiall forthwith adjust the
Minimum Rent retroactive to the commencement of the Second Renewal Period.
Notwithstanding anything contained in this section, the Minimum Rent shall be determined using
current fair market values for equivalent commercial premises in the area where the Demised
Premises as located.
Notwithstanding the above, if the Tenant does not provide the Landlord with written notice to
exercise the option to-renew as set out above, the Landlord shall advise the Tenant in writing in
which case the Tenant shall have a further ten (10) days from receipt of the Landlord's notice to
exercise its Lease renewal.
4. For greater certainty, Harmonized Sales Tax (HST), and any new or replacement sales
tax or goods and services tax, is in addition to the payment of Rent, including Minimum Rent and
additional rent. The Tenant is responsible for and shall pay to tt)e Landlord when Rent payments
are due, all HST and any replacement sales tax or goods and services tax thereon. Any and all
references in the Lease t<l payment of GST, including, without limitation, with respect to payment
of GST in addition to any payment of rent, shall include any and all sales taxes including, without
limitation, GST and/or HST which came into effect on July 1, 2010.
5.. The parties hereby acknowledge and confirm that they have been advised to receive
independent legal, tax and accountil)g advice and acknowledge that they have either obtained
such independent legal, tax and accounting advice and representation or have agreed to waive
the requirement thereof.
6. The parties acknowledge that they each have the right, power, and authority to execute
this Lease Agreement
7. This Lease Agreement shall enure to the benefit and shall be binding upon the parties
hereto and their representatiVes, permitted successors and permitted assigns respectively .
. 8. All other terms and conditions in the Lease, as previously amended, shall remain the
same, enure to the benefit of and be binding on the parties herein.
21
APPENDIX I
TillS INDENITURE made the 28th day of December, 2010.
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN:
D'ANGELO (P. & G.) HOMES LIMITED (Company incorporated under the laws of Ontario)
Hereinafter called the "Landlord",
OF THE FIRST PART;
-and-
CORPORATION OF THE CITY OF PICKERING
Hereinafter called the "Tenant"
OF.TIIE SECOND PART;
WITNESSETH:
Demise I. 111llt in consideration of the rents, covenants and agreements hereinafter reserved and contained on
the part of the Tenant to be paid, observed and performed, the Landlord does hereby demise and lease unto
the Tenant that designated portion of the building erected, or to be erected, upon the lands and premises
known as 935 Dillingham Road, Pickering, Ontario, .and being Municipally known as the Region of
Durham (hereinafter called the . "Leased Premises" or "Demi~ed Premises'1 containing an area of
approximately 4400 square feet, herein set out in Schedule "A", marked in red.
The legal description for the lands on which the Demised Premises on Plan con BF PT Lot 19, now RP
RD139 Part2 known as 933-941 Dillingham Road, Pickering, Ontario LIW 1Z7 .
The area of the_ Leased Premises means the area expressed in square feet of all floors in the Leased
Premises measured from the exterior face of the exterior walls, doors and windows, and from the centre
line of all interior walls separating the Leased Premises from adjacent premises.
The Tenant shall have the right in common with the others entitled thereto to use the driveways
and parking areas appurtenant to the Building, provided the Landlord shall have the right from time to time
to make such changes and improvements or. alterations as the Landlord may decide in respect of the
common outside areas, including the right to change the location and layout of the parking areas.· All
common outside areas shall be subject to this Lease and the r~onable rules and regulations made from
time to time by the Landlord.
Term 2. To have and to hold the Leased Premises for and during the term of (4) Four months to be
computed from the I" day of January, 2011 and from the thenceforth next ensuing and fully te be
completed and .ended on the 30th day of April, 2011; with the option to renew for a further (1) one term of
(3 )three years· at a rate to be negotiated, subject to the provisions herein set after. Save and except the
period from December 22nd, 20 I 0 to December 31, 201 0 will be a gross rent free period.
Provided however, that if the Leased Premises, or any part thereof: are not ready on the
commencement date of the term, due to the failure of the Landlord to complete construction or to make
available the services which it is hereby obligated to furuish, no part of the rent or only the proportionate
part thereof in the event the Teruint shall occupy a part of the Leased Premises shall be payable for the
period prior to the date when the entire Leased Premises are ready for occupancy, and the full rent shall
accrue only after such last mentioned date, and the Tenant hereby agrees to accept any such abatement of
rent in full settlement of all claims which the Tenant might otherwise. have reason of the Leased Premises
not being ready for occupancy on the commencement date of the term.
Provided further, however, that when the Landlord has completed construction of the Leased
Premises and made available the aforesaid services, the Tenant shall not be entitled to any abatement of
rent for any delay in occupancy due to the Tenant's failure to complete the installations and other work
required for its purposes, or due to any other reason, nor shall the Tenant be entitled to any abatement of
rent for any delay in occupancy if the Landlord has been unable to complete construction of the Demised
Premises by reason of the Tenant's failure to complete the installation and other work required for its
purpose5:
THE PARTIES agree that the Tenant shall have the option to renew the Lease, upon expiry on the
term in 2011, for one {I) additional term of three (3) years. The rental during these renewed terms shall be
the fair market rent, to be agreed upon by the Landlord and the Tenant In the event that such agreement is
not reached within ninety (90)' days prior to the end of the existing term, the matter shall be referred to
arbitration pursuant to the Arbitration Act of Ontario. The option to renew is to be exercised by the Tenant
in writing to the Landlord six (6) months prior to the expiration of the then existing term of the Lease.
23
Rent 3. Yielding· and paying therefore yearly and every year during the term hereby granted without any
deduction, defalcation, or set-off whatsoever, the sum of $22,000.00 (Twenty-two Thousand Dollars -
xx/1 00) per annum of lawful money of Canada (based on annual rate of$5.00 per square foot of the Leased
Premises) payable in advance in equal consecutive monthly installments of$1,833.33 (One Thousand Eight
Hundred and Thirty-three Dollars --33/100) during the term of January 1, 2011 to April30, 2011.
Use of
Each on the first day of each month in each year during the term hereby granted, together with additional
rent hereinafter reserved in paragraph 7 & Schedule "B" forming part of this lease agreement.
If the term commences on any day other than the first, or ends on any other day than the last day
of the month, rent for the fractions of a month at the commencement and at the end of the term of shall be
adjusted pro-rata.
Premises 4. The Tenant shall have the rights to use and occupy the Leased Premises only for the storage of
WorkS Department equipment and related items and an office and for no other purpose, provided the
Tenant, in the use and occupation of the Leased Premises and in the prosecution or conduct of any business
therein, shall comply with all requirements of all laws, orders, ordinances, rules and regulations of any
Federal, Provincial or Municipal authorities and with any direction or certificate of occupancy issued
pursuant to any law by any public officer or officers. The Tenant covenants that it will not use or permit to
be USed any part of the Leased Premises for any dangerous, noxious or offensive trade or business, and will
not cause or maintain any nuisance in, at or on the Leased. Premises, or cause or permit the Leased Premises
to be used for the purpose of any bankrupt, liquidation or auction sale.
Payment 5. All payments are required to be made by the Tenant under or in respect of this lease shall be made
to the Landlord at the Landlord's office at Unit#la,
1255 Terwillegar Ave
Oshawa, Ontario
LIJ7A4
Or such agent or agents of the Landlord or at such other place as the l;andlord shall hereafter from time to
time direct in writing to the Tenant.
Deposit 6. Landlord acknowledges receipt of $3,559.12 (fhree Thousand Five Hundred & Fifty Nine
Dollars --,ll/100) from the Tenant to be held by the Landlord as security for the due performance by the
Tenant of all its covenants and obligations on its part herein contained and to be applied to the damages
resulting from default by the Tenant or any of its covenants and obligations hereunder, or towards the
payment of reduction of any claim of the Landlord against the Tenant; provided that the Tenant is not in
default or in breach of any of its covenants or obligations, and has not been declared bankrupt, then the
aforesaid deposit shall be applied on· account of the last month's rent due hereunder.
Tenants 7. The Tenant covenants and agrees to and with the Landlord as follows:
24
(a) to pay rent as aforesaid;
(b) (I) The Tenant will (1) pay as additioual rent to the Landlord or the taxing authorities as
the Landlord directs in each and every year during the Term and within the times
provided for by the taxing authorities all taxes, including local improvement rates, impost
charges or levies, rates, duties and assessments whether general or special, that may be
levied, rated, charges or assessed against the Leased Premises or any part thereof from
time to time on the basis of a separate assessment by any taxing authority, whether
federal, provincial, municipal, school or otherwise, and any taxes payable by the
Landlord which are imposed in lieu of; or in addition to any such real property ·taxes;
(2) to pay the Landlord within ten (1 0) days after demands a Proportionate Share, (based
on a ratio, the numerator of which is the area of the Leased Premises and the denominator
of which is the total area of allleaseable premises in the building), of all taxes, including
local imprpvement rates impost charges or levies, rates, duties and assessments, whether
general or special that may be levied, rated, charged or assessed against the parking areas,
entrances and exits, pedestrian walkways, roadways, service areas or any parts thereof
and any other common areas and facilities of, in or appurtenant to the Building or any
part thereof from time to time and any taxes payable by the Landlord which are imposed
in lieu of or in addition to such, real property taxes;
(3) provide the Landlord within ten (10) days after demand with a copy of any separate
tax bills an separate notices of assessment for the Leased Premises;
(4) upon request, promptly deliver to the Landlord, receipts for payment of all such taxes
paid to any such taxing authorities, as aforesaid and furnish such other information in
connection therewith as the Landlord reasonably requires.
(II) If in any year during the Tenn. there is not ll separate assessment made by any taxing
authority with respect to the Leased Premises, the Tenant shall pay , as additional rent in
each such year during the term and within ten (10) days after demand, to the Landlord, a
proportionate share (as herein before defined) of all taxes including local improvement
rates, impost charges or levies, rates duties and assessments, whether general or special
which may be levied, rated charged, or assessed against the Building, including all
leasable premises therein, and the lands on which the Building is situated and the parking
areas, entrances and exits, pedestrian walkways, roadways, serVice areas or any part
2
Business
Taxes on
Common
Areas
TOilllnl's
Separate
School
Taxes
Utilities
thereof; and all other common areas and facilities ot; in or appurtenant to the Building
and any I.IQI:es payable by the Landlord which are impose in lieu of or in addition to any
such real property taxes.
In case of paragraph 7 (b) (I)
{2) and paragraph 7 {b) {II), prior to the commencement of the term of this Lease and to
the commencement of each calendar year thereafter which commences during the term,
the Landlord shall estimate the amount of taxes and the Tenant's Proportionate Share
thereof as herein before set forth for the. ensuing calendar year or {if applicable) broken
portion thereof; as the case may be, to become payable under this Lease, and notify the
Tenant in 'writing of such estimates. The amount so estimated shall be payable in equal
monthly installments in advance over the calendar year or broken portion thereof in
question, each such installment being payable on each monthly rental payment date
provided in paragraph 2 hereof. Notwithstanding anything herein contained to the
contrary, in the event that at ·the time when the payment of the dais taxes, interim or final,
installment or otherwise, is due, the Landlord shall not have on deposit a sufficient sum
to pay the full amount of such taxes, the Tenant shall forthwith upon demand pay its
Proportionate Share, as aforementioned, of the amount of any deficiency to the Landlord.
When the taxes for the calendar year or broken portion thereof in question become finally
determined, the Landlord shall recalculate the Tenants Proportionate Share a.ccordingly.
If the Tenant has overpaid such Proportionate Share, the Landlord shall credit any such
excess paid as against any future amount to be paid {save with respect to the fmallease
year when, in such event, the Landlord shall refund any excess paid), but is any balance
remains ·unpaid, the Landlord sball fix monthly installments for the then ·remaining
balance of such calendar year or broken portion thereof such that, after giving credit for
installments paid by the Tenant hereunder on the basis of such estimate, the Tenant's
entire Proportionate Share will have been paid during such calendar year or broken
portion thereof but if for any reason the taxes are not finally determined within such
calendar year or broken portion thereof, the parties shall make the appropriate re-
adjustment when such taxes become finally determined. Neither part may claim a re-
adjustment in respect of the Tenant's Proportionate Share of taxes based upon any error
of estimation, determination or calculation thereof Wiless claimed in writing prior to the
expiration of one year to which any taxes relate. The Tenant at all reasonable times prior
to the expiration of one year after the calendar year to which any taxes relate, upon
reasonable notice to the Landlord, shall be entitled to inspect the Landlord's records
{including copies of tax bills) and statements pertaining to such taxes and the calculation
of Tenant's Proportionate Share.
{c) Tenant shall pay the Landlord, on demand as additional rent in the proportion that
buildings area (based on outside measurements of buildings erected on the lands) all
business taxes, if any, from time to time payable by Landlord {or by any corporation that
may provide the same) in respect of the parking areas, entrances, roadways, service areas,
or any part thereof from time to time. Tenant shall have a similar right to inspect
Landlord's records pertaining to such business taxes as set forth in paragraph 7 (b)
hereof.
{d) Tenant shall pay, in each and every year during the term, as additional rent, and
discharge within twenty {20) days after same shall become due and payable, all taxes,
rates, duties, and assessments and other charges that may be levied, rated, charged or
assessed against or in respect of all improvements, equipment and facilities of the Tenant
on or in the Demises Premises {whether installed by the Tenant or by the Landlord on
behalf of the Tenant) and every tax and license fee in respect of any and every business
carry on thereon or therein in respect of the use or occupancy thereof by the Tenant {and
every subtenant or licensee), whether such taxes, rates, duties, assessments and license
fees are charged by any municipal, parliamentary, school or other body during the term
hereby demised, and will indemnify and keep all loss, costs, charges and expenses
occasioned by, or arising from any and all such taxes, rates, duties, assessments, license
fees and any all such taxes which may in future be levied in lieu of such taxes; and any
such loss, costs, charges and expenses suffered by the Landlord may be collected by the
Landlord as rent with all rights of distress and otherwise as reserved to the further
covenants and agrees that upon written request of the Landlord, the Tenant will properly
deliver to it for inspection receipts for payment of all taxes, rates, duties, assessmen~ and
other charges in respect of all improvements, equipment and facilities of the Tenant in or
in the Demised Preinises which were due and payable up to one month prior to such
request, and in any event will furnish to the Landlord, if requested by the Landlord before
the 21" day of October in each year covering payments for the proceeding
year. If the Tenant or any subtenant or licensee of the Tenant shall pay to the Landlord,
as additional rent, so soon as the amount of the separate .school taxes are ascertained, any
amount by which the amount of the separate school taxes exceed the amount which
would have been payable for school taxes had such election not been made.
{e) Tenant sball pay as the same become due respectively all charges for public and
private utilities, including without limitation water, gas, electrical power or energy, steam
·or hot water used upon or in respect of the Demised Premises and for fittings, machines,
apparatus, meters or other things leased in respect thereof, and for all work or services
performed by any corporation or commission in connection with such utilities.
3 25
Appeal
0peiBting
Rcpai"
26
(f) Tenant shall have the right to contest, by appropriate legal proceedings, at its own
expense and so long as the Landlord is not involved in any cost, loss cir penalty
whatsoever, the validity of any tax, rate (including local improvement rates), assessment
or other charges referred to in paragraph 7 (b }, (c), (d) or (e) hereof:
(g) In this paragraph 7 (g)
(I) "Operating Costs" means the total amount paid or incurred, regardless
of when payable, whether by Landlord or others on behalf of Landlord,
for operating and maintaining the building of which the Demised
Premises form a part as. a fiiSt-class industrial building so as to give
high character and distinction and shall include, without limiting the
generality of the forgoing, all monies paid or incurred to persons, firms,
companies or corporations employed in the maintenance of the said
building all costs of repairs required for such maintenance, the costs of
providing hot and cold water, electricity, gas, steam or other public or
private utility noi otherwise payable by Tenant, the cost of window
cleaning, fire, casualty, liability and other insurance, telephone and
other public utility costs,· of service contracts with independent
contractors, remuneration to manage agents, the cost of audit fees for
the calculation of rental adjustments under this Lease, the total cost of
operating, maintaining; cleaning (including snow and ice removal
and/or clearance), supervising, policing, repairing and replacing the
exterior parking areas, common areas, landscaped areas imd facilities,
salaries, expenses · and costs applicable to the capital cost or
replacement of mechanical equipment within the building or
appurtenances thereof (if any) and all other expenses paid or incurred
by the Landlord in connection with the maintenance or operation and
management of the said building and the services connected herewith
including, but not limited to a management fee,
charged at the rate cif fifteen percent
(15%)of all Operating Costs.
(II) "Proportionate Share" means the ratio whlch the area of the Demises
Premises bears to the total rentable area of the building of which the
Demised Premises form a part.
During the term of this lease, the Tenant shall pay as additional rent to the Landlord its
Proportionate Share of Operating Cost Prior to the commencement of the term of this
lease and of the commencement of each fiscal period selected by the Landlord thereafter
which commences duriog the term, the Landlord sball estimate the amount of Operating
Costs and the Tenant's Proportionate Share of Operating Costs for the ensuing fiscal
period of (if applicable) broken portion thereof as the case may be, and notify the Tenant
in writing of such estimate. The amount so estimated shall be payable in equal monthly
installments in advance over the fiScal period or broken portion thereof in questions each
such installment being payable on each monthly rental payment date provided in
paragraph 3 hereof: The Landlord may from time to time alter the fiscal period selected,
in which case, and in the case where only a broken portion of a fiscal period is included
within the term, the appropriate adjustment in monthly payments shall be made. From
time to time during a fiscal period, the Landlord may re-estimate the amount of Operating
Costs and the Tenant's Proportionate Share thereof for. such fiscal period or broken
portion thereof, in which event the Lllndlord shall notify the Tenant in writing of such re-
estimate and fix monthly installments for the then remaining balance of such fiscal period
or broken portion thereof such that, after giving credit for installments paid by the Tenant
on the basis of the previous estimate or estimates, the Tenant's entire Proportionate Share
of Operating Costs will have been paid during such fiscal period or broken portion
thereof. As soon as practicable after the expiration of each fiscal period, the Landlord
shall make a final determination of Operating Costs and of the Tenants Proportionate
Share of Operating Costs for such fiscal period or (if applicable) broken portion thereof
and notify the Tenant, and the parties shall make the appropriate re-adjustment
Neither party may claint a re-adjustment in respect of the Tenant's Proportionate Share of
Operating Costs based upon any error of estimations, determination or calculation thereof
unless claimed in writing prior to the expiration of one year after the fiscal period to
which the Operating Costs relate. Upon request made within reasonable time after
receipt of each such notice; the Tenant shall be entitled to inspect a statement disclosing
in reasonable detail the particulars of Operating Costs and the calculation of the
Proportionate Share thereof and the books .and records of the Landlord pertaining thereto.
(h) Tenant, at its own expense, shall maintain and keep the Demised Premises and every
part thereof in good order and condition and promptly make all needed repairs and
replacements including, but not limited to repairs and replacements to all fixtures,
machinery and equipment which are the property of the Landlord and contained in the
Demised Premises (reasonable wear and tear, and damage by fire lightning and tempest
ouly accepted) and, without limiting the generality of the foregoing, the Tenant shall keep (;(?.\ ~ !@_.) -~ (6b)~a (J)YJ; 4
Entry to
View
State of
Repair
Compliance
With laws etc.
Leave
Premises
In good
Repair
Heating
Assignment
And
Subletting
Nuisance
Insurance
the Demised Premises well painted, clean and in such condition as a careful owner would
do. ·
(i) That it shall be lawful for the Landlord and its agent, at all reasonable times during the
said term, to enter the Demised Premises to inspect the condition thereof. Where an
inspection reveals repairs are necessary. The Landlord shall give to the Tenant notice in
writing and thereupon the Tenant will, within sixty (60) days from the date of deliver of
the notice, make the necessary repairs in a good and workmanlike manner and at its own
expense.
(j) That it will promptly comply with all requirements of all applicable statutes, laws, by-
laws, rules, regulations, ordinances and orders from time to time in force during the term
hereof, whether municipal, parliamentary or otherwise, including all lawful requirements ·
of the local Board of Health, Police or Fire Departments and Municipal authorities, and
with every applicable regulation, order and requirement of the Canadian Fire
Underwriters Association, or any body having a similar function, or of any liability or fire
insurance company by which the Landlord and Tenant or either of them may be insured
at any time during the term hereof.
(k) And further, that the Tenant will at the expiration or sooner determination of the said
term, peaceably surrender and yield up unto the Landlord the said premises hereby
demised with the appurtenances together with all buildings or erections which at any time
during the said term shall be made therein or thereon, in good l!lld substantial repair and
condition, reasonable wear and tear and damage by fire, ligbtoiog and tempest only
excepted.
(I) To beat, at its own eKpense from beating equipment originally supplied by the
Landlord, the Demised Premises to a degree sufficient to protect the said Demises
Premises and their contents from damage by cold or frost, and to operate, maintain, repair
and/or replace, if necessary, at its own eKpense, the said beating equipment. In this
regard the Tenant will, at its own eKpense, obtain and keep in good standing during the
term of this lease a maintenance and service contract on the beating equipment issued by
an approved mechanical contractor, and shall supply the Landlord with a copy of such
contract
(m) That it will not assign, sublet or part with possession of the Demised Premises or any
part th~reof, or share the occupation of the Demised Premises or any part thereof, without
the Landlord's written consent, which consent shall not be unreasonably withheld;
provided that no assigmnent, subletting, licensing or parting with possession of the
Demised Premises shall in any way release the Tenant, or any Guarantor hereof, from its
or their obligations under the terms of this Lease.
(n) That it will.not do or omit or permit to be done or omitted upon or about the Demised
Premises anything which shall be or result in a nuisance or menace to the Landlord or
other tenants of the building of which the Demised Premises form a parL
( o) Tenant shall pay its proportionate share of the cost of insuring as more particularly set ·
forth in paragraph 7 (g) hereof.
In addition, the Tenant covenants and agreed that in the event the Tenant's use and
occupation of the Demised Premises, whether or not the Landlord has consented to the
same, causes any increase in premiums for ftre and extended coverage insurance, rental,
boiler, casualty and other types of insurance carried by the Landlord form time to time on
the building of which the Demised Premises form a part, above the rate for the lease
hazardollS type of occupancy legally permitted in the Demised Premises, the Tenant shall
pay the additional premium on the policies aforementioned caused by reason thereof. In
such event, the Tenant shall also pay any additional premium on the rent insurance
policies that may be carried by the Landlord for the Landlord's protection against rent
lost through fire or other casualty.
If notice of cancellation shall be given respecting any insurance policy or any insurance
policy on the said building or any part thereof shall be cancelled or refused to be renewed
by an insurer by reason of the use of the occupation of the Demised Premises by the
Tenant whether or not the Landlord has consented to such use and occupation, the Tenant
shall forthwith remedy or rectify such usc or occupation upon being requested to do so in
writing by the Landlord and if the Tenant shall fail to so forthwith, the Landlord may, at
its option, determine this Lease forthwith by leaving upon the Demised Premises notice
in writing of termination and thereupon rent and any other payment for which the Tenant
is liable under this Lease shall be apportioned and paid up in full to the date of such
determination of the Lease, and the Tenant shall immediately deliver up vacant po~session of the said premises to the Landlord.
5 27
Additional
Premiums
Plate
Glass
Damage to
Leased
Premises
Business Taxes etc.,
Bills for additional premiums as aforementioned shall be rendered by the Landlord to the
Tenant at such times as the Landlord may elect, Wid shall be due from and payable by the
Tenant when rendered ai:td the amount thereof shall be deemed to be Wid paid as
additional rent. ·
Tenant agr~s t«;~ replace, at its own expense, any plate glass or other glass that bas been
broken or removed during the term of the Lease or any renewal thereat; and will during
the said term keep the plate glass fully insured, pay the premium for such insurance and
provide the Landlord with a certificate of such plate glass insurance.
(p) In the event of any damage to the Leased Premises by any cause, to give notice in
writing to the Landlord of such damage forthwith upon the same becoming known to the
Tenant
(q) Tenant agrees to pay all business taxes, if applicable, its own income taxes, capital
taxes, goods and services taxes, license fees, Wid any other taxes or fees imposed by WIY
government authority having jurisdiction in respect of the business carried on by the
Tenant in and upon or by reason of their occupancy of the premises hereby demised.
Tenant's authority to Let (r) That the Tenant has good right, full power and absolute authority from the Landlord
the Demised Premises according to the true intent of this indenture.
I.Jlndlord's
Covenants
Quiet
Eqjoyment
Maint~cc
Taxes
Insurance
Llmdlord's
Authority
To let
Seizure
And Banlaupacy
No
Exceptions
For
Distress
Public
Liability
28
8. The Landlord covenants and agrees to and with the Tenant as follows:
(a) For. quiet enjoyment
(b) To maintain and keep in good repair (at the expense of the Tenant as set forth in
paragraph 7 (g) hereof) the parking areas, common areas Wid landscaped areas; to provide
reasonably adequate snow clearance to permit ingress and egress to the Demised
Premises and parking areas.
(c) Subject always to the provision of paragraphs 7 (b), (c) and (d) hereof, to pay all
taxes(including local improvement rates), rates, duties and assessments that may be
levied, rated, charged or assessed against the said lands and buildings in which the
Demised Premises are situate, and to pay all business taxes in respect of the common
areas (if any) as set forth in paragraph 7 (c) hereof, but excepting Tenant's taxes and
license fees as set forth in. paragraph 7 (d) hereof. ·
(d) Subject always to the provisions of paragraph 7 (g) and (o) hereof, to maintain in full
force and effect during the term of this Lease ftre insurance with extended coverage
endorsement on the building in responsible insurance companies in an amount such as
· would be carried by a prudent owner of a similar building.
(e) That the Landlord bas in it good right, full power and absolute authority to let the
Demised Pfrmises with appurtenWJces according to the true intent of this indenture.
9. It is hereby expressly agreed that, in case, without the written consent of the Landlord,
the Demised Premises shall become and remain vacant or not used for a period of thirty (30) days
while the same are suitable for use by the Tenant, or be used be any other person than the Tenant,
or in case the term hereby granted ·or any of the goods. Wid chattels of the Tenant shall be at any
time seized or taken in execution or in attachment by any creditor of the Tenant, or the Tenant
shall make any assignment for the benefit of creditors or give WIY bill of sale without·complying
with the Bulk Sales Act (Ontario), or become bankrupt or insolvent, or take the benefit of any Act
now or hereafter in force for bankrupt or insolvent debtors or any Order sluill be made for the
winding up of the Tenant, then and in every such case the then current month's rent and the next
ensuing three (3) month's rent shall immediately become due and payable, and, at the option of the
Landlord, this Lease shall cease and de!ermine Wid the said term shall immediately become
forfeited and void, in which event the Landlord may re-enter and take possession of the Demised·
Premises was or were holding over after the expiration of the tenn without any right whatever.
10. It is hereby expressly agreed that notwithstanding the benefit of any present of future
Statute taking away or limiting the Landlord's right of distress none of the goods and chattels of
the Tenant on the Demised Premises at any time during the dais term shall be exempt from levy by
distress for rent in arrears.
11. It is hereby expressly agreed that the Landlord shall not in any event whatsoever be liable
or responsible in WIY way for any personal injury or death that may be suffered or sustained by the
Tenant or any employee of the Tenant or any other person who may be upon the Demised
Premises or for any Joss or damage or injury to any property belonging to the Tenant or to its
employees or to any other person while such property is on the Demised Premises and, in
particular (but without limiting the generality of the foregoing),' the Landlord shall not be liable for
any damage to any such property caused by steam, water, rain or snow which may leak into, issue
or flow from WIY part of the said building or adjoining premises or from the water, st~ /1{))
6 ~ ~ YJ1L' -'fiit..
Indemnification
Of landlord
Holding
Ova-
Ovecloading
Post-<lates
Payments
Deenic:d
Rent
sprinkler or drainage pipes or plumbing works of the same or from any other place or quarter or
for any damage caused by or attributable to the condition or arrangement of any electrical or otlier
wiring or for any damage by anything done or omitted to be done by any Tenant..
12. It is hereby expressly agreed that the Tenant will indemnify and save harmless the
Landlord from and against all liabilities, fmes, suits, claims, demands, costs and actions of any
kind or nature whatsoever to which the Landlord shall or may become liable for, or suffer by
reason of any breach, violation or non-performance by the Tenant of any covenant, term or
provision hereof; or by reason of any injury, loss, damage or death resulting from, occasioned to
or suffered by any person or persons, or any property by reason of any act, neglect or default on
the part o(the Tenant, or any of its agents, customers, employees, servants, contractors, licensees
or invitees, in or about the Demised Premises or any part violation, damage to property, loss,
injury or death occurring during the term of this Lease shall survive any contrary notwithstanding.
13. It is hereby expressly agreed that, if the Tenant shall continue to occupy the Demised
Premises after the expiration of this Lease, with or without the consent of the Landlord, and
without any further written agreement, the Tenant shall be a monthly tenant at a monthly rental
herein reserved and otherwise on the terms and conditions herein set forth, except as to the length
of the tenancy.
In such case the Tenaot agrees to give the Landlord when terminating from the premises
not less than sixty (60) days written notice to vacate the premises, based on a calendar month, and
to be delivered to the Landlord's office at 1255 Terwillegar Ave., Oshawa, Ontario LIJ 7A4.
14. It is hereby expressly agreed that the Tenant will not bring upon the Demised Premises or
any part thereof any machinery equipment, article or thing that by reason of its weight, size or use
might damage the floors of the Demised Premises and that if any damage is caused to the Demised
Premises by any machinery equipment, article or thing or by overloading or by any act, neglect or
misuse on the part of the Tenant or any of its servants, agents, employees or any person having
business with the Tenant, the Tenant shall forthwith repair the same or pay to the Landlord the
cost of making good the. same.
15. The covenants to provide the Landlord on or before the commencement of each Lease
Year during the Term of this Lease or any renewal thereof with a series of two (2) post-dated
cheques for payment of the monthly rent plus HST owirig under the term of this Lease.
16. It is hereby expressly agreed that in the event of failure of Tenant to pay any taxes, rates,
insurance, premiums or other charges which it has herein covenanted to pay, the Landlord may
pay the same and shall be entitles to charge the sums so paid to the Tenant who shall pay them
forthwith on demand; and Landlord, in addition to any other rights, shall have the same remedies
and may take for the recovery of all such sums as it might have and take for the recovery of rent in
arrears under the terms if this Lease; all such payments required to be made under the terms of this
Lease shall be deemed rent.
Evidenec of Payment 17. It is It is hereby expressly agreed that the Tenant shall from time to time at the request of
the Landlord produce to the Landlord satisfactory evidence of the due payment by the Tenant of
all payments required to be made by the Tenant under this Lease.
Noabatecnentofrent 18. There shall be no abatement from or reduction of the rent due hereunder, nor shall the
Tenant be entitled to damage, losses, costs or disbursements from the Landlord during the term
hereby created on, caused by or on aecount of fire, (except as above) water, sprinkler systems,
partial or temporary failure or stoppage of heat, light, elevator, live steam or plumbing services in
or to the said premises or building whether due to acts of God, strikes, accidents, the making of
alterations, repairs, renewals, improvements, structural changes to the said premises or buildings
or the equipment or systems supplying the said services, or from any cause whatsoever. provided
that' the· said failure or stoppage be remedied within a reasonable time damage with all reasonable
speed.
Event of Default 19. On each occurrence of default in the payment of Rent, the Tenant shall further pay to the
Landlord on demand in addition to the aforesaid interest an administration fee equal to the of (i)
Two Hundred Dollars ($200.00) and ii) two percent (2%) of the amount of Rent in default.
The Tenant shall pay to the Landlord forthwith upon demand all costs incurred by the
Landlord, including, without limitation, legal expenses on a solicitor and his client basis arising as
a result of any default in Tenant's obligations under the Lease.
N.S.F. cheques 20. The Tenant agrees that in the event any of its cheques payable to the Landlord are
returned by the bank marked "Insufficient Fund" (NSF), the Tenant will be liable to the Landlord
in the amount of $100.00 for each cheque.
Jntcreot on Monies 21. All arrears of rent any monies paid by the Tenant hereunder shall bear interest at the rate
In Default which is two percent (2%) in excess of the current rate charged by the Lai:.dlord's baDk for the
prime commercial lending mte from the time such arrear become due until payment of same to the
Landlord but only upon the demand of the Landlord •.
7 29
Loading and
u·nloading
Blocking access
Refuse
Demised
Premises
Defined
Fixtures
Inspect
Pn:miscs
Notices
For Sale
Or To Lc:l
Removal
Of good
Ahcrations,
Partitions Etc.,
30
22. It is hereby expressly agreed that all loading and unloading of merchandise, supplies,
materials, garbage and other chattels shall be affected only through or by means of such doorways
or corridors as the Landlord shall designate.
· (i) The Landlord covenants and agrees that the access of the Tenant's premises is
not to be blocked or restricted in the event the Tenant herein notifies the Landlord that the
Tenants access is being blocked or restricted. The Landlord shall immediately have a
towing company monitor and remove the vehicle causing the block or restriction at the
vehicle owner's expense. If the Tenant is blocking any access to or fore from the building
the same will apply as mentioned above.
23. It is hereby expressly agreed that the Tenant will keep the Demised Premises and every
part thereof in a clean and tidy condition and will not permit waste paper, garbage, ashes or waste
or objectionable material to accumulate thereon.
24. It is hereby expressly agreed that whenever in this LeaSe reference is made to the
Demised Premises or leased premises it shall include all structures, improvements and erections in
or upon the Demised Premises or any part thereof from time to time.
25. Provided all rent due or to become due under the tehns of this Lease is fully paid, Tenant
may remove its fixtures; provided further that the Tenant shall not remove or carry away from the
Demised Premises any building or any plumbing, heating or ventilating further that the Tenant
shall make good any damage caused by such removal of fixtures.
· 26. Proviso for re-entry by the said Landlord on non-payment of rent or non-performance of
covenants.
The above powers may be exercised, whether demand for the rent has been made or not Provided
that, notwithstanding anything herein before contained, the Landlord's right of re-entry hereunder
for non-payment of rent, non-performance of covenants, seizuri: or forfeiture of the said term shall
become exercisable immediately upon such default being made. Provided further that upon such
re-entry by the Landlord under the terms of this paragraph or any other provision or provisions of
this Lease, !he Landlord may, in addition to any other remedies to which the Landlord may be
entitled, at its option, at any time and from time to time re-let the Demised Premises or any part or
parts thereof for the account of the Tenant or otherwise and receive and collect the rents therefor,
applying the same first to the payment of such expenses as the Landlord may have incurred in
recovering possession of the Demised Premises, including legal expenses and solicitor's fees and
for putting the same into good order or condition or preparing or altering the same for re-rental
and all other expenses, commissions and charges paid, assumed or incurred by the Landlord in or
about re-letting the premises and then to the fulfillment of the covenants of the Tenant hereunder.
Any such re-letting herein provided for may be for the remainder of the term as originally granted
or for a longer or shorter period. In any such case and whether or not the Demised Premises or
any part thereof be re-let, the Tenant shall pay to the Landlord the rental hereby reserved and all
other sums required to be paid by the Tenant up to the time of termination of the Lease or of
recovery of possession of the Demised· Premises by the Landlord, as the case may be, and
thereafter the Tenant covenants and agrees, if required by the Landlord, to pay to the Landlord
until the end of the term of this Lease the equivalent ·of the amount of all rentals hereby reserved
and all other sums required to be paid by the Tenant hereunder, less the net avails of re-letting, if
any, and the same shall be due and payable by the Tenant to the Landlord on the days herein
provided for payment of rental the Tenant shall pay to the Landlord the amount of the deficiency
then existing.· ·
27. Provided that during the term hereby created any person or persons may inspect the said
premises and all parts thereof at all reasonable times, on providing a written order to that effect
signed by the Landlord or its agents. ·
28. Provided that the Landlord shall have the right during the term of this Lease to pia~
upon the Demised Premises a notice stating that the Demised Premises. are not for sale and shall,
within three (3) months from the termination of the said term, have the right to place upon the
Demised Premises a notice stating that the Tenant will not remove silch notice or permit to be
removed.
29. Provided that in case of removal by the Tenant of goods or chattels of the Tenant from
off the premises, the Landlord may allow the same for thirty (30) days in the same manner as is
provided for in the Tenant Protection ActR.O June 17,1998
30. That if the Tenant shall during the said term desire to the affix or erect partitions,
counters, or fixtures in any part of the walls, floors or ceilings or the Demised Premises,
it may do so at its own Expense Ill any time and from time to time provided that the
Tenant's right to make such alterations to the Demised Premises shall be subject to the
. following conditions: ·
(a) That before undertaking any such alterations, the Tenant.shall submit to the Landlord
a plan showing the proposed alterations and shall obtain the approval and consent of
the Landlord to the same.
(b) That all such alterations shall conform to all building by-laws, if any of them in force
affecting the Demised Premises.
8
Improvements
Protective
Fire
Expropriation
(c) That such alteration will not be of such kind or extent as to in any manner weaken
the structure of the building after the alterations are completed or reduce the value of
the building.
(d) That, except as herein provided the Tenant will not erect or affix or remove or
change the location or style of any partitions or fixtures, without the writt~n consent
of the Landlord being first had and obtained.
31. Any alteration, erection or improvement placed or erected upon the Demised Premises
shall become a part thereof and shall not be removed and shall be subject to all the provisions of
this Lease. No alteration, erection or improvement shall be made .or erected upon the Demised
Premises without the prior written consent of the Landlord.
32. The Tenant agrees to pay the costs of any installations, additions or alterations to the said
premises that the Landlord may be required to make by any Municipal, Provincial or other •
governing authority, or requested by any private protective system used by the Tenant, for the
security and protection of the Tenant and his employees and his or their effects including but not
so as to limit the foregoing installations, additions or alterations for fire and theft protection and
all such installations, additions, or alterations shall forthwith become the property to the Landlord.
33. Provided, and it is hereby expressly agreed, that if and whenever during the hereby
demised the building of which the Demised Premises form a part shall be destroyed or damaged
by fire, lightning, or tempest, or any of the perils normally insured against under the provisions of
standard extended coverage fore insurance policies, then, and in every such event:
(a) If the damage or destruction of the building of which the Demised Premises form a
part renders seventy-five (75%) or more of the said building wholly unfit for occupancy
or impossible or unsafe for use and occupancy, the Landlord may, at its option, terminate
this Lease by giving to the Tenant notice in writing of such termination, in which event,
this Lease and the term hereby demised shall cease and be at an end as of the date of such
destruction or damage, and the rent all other payments for which the 'Tenant is liable
under the terms of this Lease shall be apportioned and paid in full to the date of such
destruction or fire.
(b) If the damage or destruction is such that the portion of the building hereby demised is
rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy it and
if in either event the damage, in the opinion of the Landlord to be given to the Tenant
within thirty (30) days of the happening of such damage or destruction, cannot be
repaired with reasonable diligence within one hundred and eighty days (180) from the
happening of such damage or destruction, then either the Landlord or the Tenant may,
within five (5) days next succeeding the giving of the Landlord's opinion as aforesaid,
terminate this Lease by giving to the other notice in writing of such termination, in which
event this Lease and the term hereby demised shall cease and be at any end as of the date
of such destruction or damage and the reot and all other payments for which the Tenant is
liable under the terms of this Lease shall be apportioned and paid in full to the date of
such damage or destruction; in the event that neither the Landlord nor the Tenant so
terminated this Lease, then the Landlord shall repair the said building with all reasonable
speed and the rent hereby reserved shall abate from the date of the happening of the
damage until.the damage shall be made good to the extent of enabling the Tenant to use
and occupy the Demised Premises.
(c) If the damage be such that the portion of the building hereby demised is wholly unfit
for occupancy or if it is impossible or unsafe to usc or occupy it but if in either event the
damage, in the opinion of the Landlord to be given to the Tenant within thirty (30) days
from the happening of such damage, can be repaired with reasonable diligence within one
hundred and eighty (180) days from the happening of such damage then the rent hereby
reserved shall abate from the date of the happening of such damage until the damage
shall be made good to the extent of enabling the Tenant to use and occupy the Demised
Premises and the Landlord shall repair the damage with all reasonable speed. .
(d) If in the opinion of the Landlord the damage can be made good as aforesaid within
one hundred and eighty ( 180) days of the happening of such damage or destruction and
the damage is such that the portion of the building hereby demised is capable of being
pa,rtially used for the purposes for which it is hereby demised. then until such damage has
been repaired, the rent shall abate in the proportion that the part of the portion of the
building hereby demised is rendered unfit for occupancy bears to the whole of the said
portion of the building hereby demised and the Landlord shall repair the damage with all
reasonable speed.
34. U: at any time during the term hereby demised, any public body or paramount authority
shall take or expropriate a portion of the common areas and facilities referred to in this Lease or
any portion of the Demised Premises not covered by buildings or structures, or shall take or
expropriate and easement or right under license in the nature of an easement over, upon or under a
portion of the said lands, and such taking or expropriation does not materially affect the Tenant's
usc or enjoyment of the Demised Premises, then the whole of the compensation awarded or i-;7.,/) ' ' C!!'-~Ji)
9 'X;1' /)fib.. 31
• 1-
Remodeling & Sole
Acknowledg~cnt
ByTC111111t
Impossibility
Of
Perfonnance
Assignment
By !Andlonl
32
settiement for the lands so taken or expropriated, whether fixed by agreement or otherwise shall be
paid to or received by the Landlord and the Tenant hereby assigns, transfers and sets over unto the
Landlord all the rights, title and interest of the Tenant therein and thereto, and this Lease shall
thereafter continue in effect with respect to the Demised Premises without any abatement of rent.
In the event that the taking or expropriation does materially affect the Tenant's use or enjoyment
of the Demised Premises, the whole of the compensation awarded or settlement, whether fixed by
agreement or otherwise, for the said lands so taken or expropriated, shall nevertheless be paid to
the Landlord, but the rent thereafter payable by the Tenant shall abate accordingly, and, in addition
thereto, after payment of the amount to which the Landlord is entitled as aforesaid, the Tenant
shall be· entitles to that portion of the award or compensation granted by the expropriation body
relating or attnbutabie to the Tenanfs leasehold improvements so taken or expropriated.
If the Landlord and the Tenant shall be unable to agree, within thirty (30) days after the amount of
compensation, award or settlement as aforesaid has been fixed, as to whether such taking or
expropriation materially affects the Tenant's use or enjoyment of the Demised Premises or as to
the extent to which the rent shall abate, then the same shall be determined by a single arbitrator, if
the parties can agree on one, and, failing such agrec:ment, by a board of arbitration composed of
three arbitrators, one to be chosen by each of the parties hereto and the third to be chosen by the
two arbitrators selected by the parties. The determination of a majority of such arbitrators to
arbitration shall be carried out under the provisions of The Aibitration Act of Ontario.
In the event that such taking or expropriation so affects the Demised Premises as not to terminate
this Lease but as to require the reconstruction or replacement of some portion of the Demised
Premises, such reconstruction or replacement shall be carried out at the Landlord's expense in a
good and workmanlike manner and as expeditiously as reasonably practicable, provided the cost
thereof does not exceed the amount of the compensation awarded or fixed by agreement
otherwise.
35. In the event of the Landlord desiring at any time during the term, or any renewal thereof,
to remodel the said building, or. any part thereof, or take down the said building, the Tenant will
on receiving six months' notice in. writing, surrender this lease and all the remainder of the term, if
any, then yet to come and unexpired, as from the day mentioned in such notice, and will subject
nevertheless to the provisions hereinafter contained thereupon, vacate the premises and yield up to
the Landlord the peaceable possession thereof. It is understood that the said six months' notice
need not expire at the end of any year or at the end of any month, and in the event of the day fixed
for termination of the lease expiring on some other day that the last day of a month, the rent for
such month shill) apportioned for the broken period.
36. The Tenant agrees that it will at any time or times during the Term, upon being given at
least forty-eight (48) hours prior written notice, execute and deliver to the Landlord a statement in
writing addressed to the Landlord, any actual or proposed mortgagee, purchasee, lessee or
assignee, as requested certifying:
a)· that this Lease is unmodified and is in full force and effect (or if modified stating the
modifications and confirming that the Lease in full force and effect as modified);
b) the amount ofRent being paid;
c) the dates to which Rent has been paid
d) other charges payable under this Lease which have been paid;
e) particulars of any prepayment of rent or security deposits; and
f) particulars of any sulhtenancies ·
37. It is understood and agreed that whenever and to the extent that the Landlord shall be
unable to fulfill or shall be delayed or restricted in the fulfillment of any obligation hereunder in
respect of the supply or provision of any service or utility or the doing of any work or the making
of any repairs by reason of being able to obtain material, goods, equipment, service or labour
required to enable it to fulfill such obligation, or by reason of Statute, law or Order in Council, or
any regulation or Order passed or made pursuant thereto, or by reason of the Governmental
Department or Office, or other auihority required by thereby, or by reason of any other cause
beyond its control, whether of the foregoing character or not, the Landlord shall be relieved frol!l
the fulfillment of such obligation and the Tenant shall not be entitled to compensation for any
inconvenience, nuisance or discomfort thereby occasioned.
. 38. Landlord declares that it may assign its rights under this Lease to a lending institution as
collateral security for a loan to the Landlord and in the event that such an assignment is given to
the Tenant by or on behalf of the Landlord, it is expressly agreed between the Landlord and the
Tenant that this Lease shall not be cancelled or modified for any reason whatsoever except as
provided for, anticipated or permitted by the terms of this Lease by law, without the consent in
writing of such lending institution.
The Tenant covenants and agrees . with the Landlord that it will, if and whenever reasonable
required by the ;Landlord and at the Landlord's expense, consent to and become a party to any
instrument relating to this Lease which may be required by or on behalf of any purchaser, bank or
mortgagee from time to time of the said premises; provided always that the rights of the Tenant as
herein before set out be not altered or varied by the terms of such instrument or document
10
Subordination
Limitation ·
OfLandlonl
!.lability
Liens
Signs
Rulos
And
Jtegulations
Notices
39. Provided that this Lease and everything herein contained shall be deemed to be
subordinate to any charge or charges from time to time created by the Landlord with respect to the
building of which the Demised Premises form a part, by way of mortgage, and the Tenant hereby
covenants and agrees by the Landlord during the term hereof execute all documents and give all
further assurances to the holder or holders of such charges; provided however that no such
subordination by the Tenant shall have the effect of permitting the holder or holders of any
mortgage or lien or other security to disturb the occupation and possession by the Tenant of the
Demised Premises, so long as the Tenant shall perform all of the terms, covenants, conditions,
agreements and· provisions contained in this Lease. ·
4o. The term "Landlord" as used in this Lease so far as covenants or obligation on the pan of
the Landlord are concerned shall be limited to mean and include only the owner or owners at the
time in question of the demised premises, in the event of any transfer or transfers or ownership,
the Landlord herein nilmed, and in case of any subsequent transfers or conveyances, the then
vendor or transferor, shall be automatically feed and relieved from and after the date of such
transfer or conveyance, of all personal liability as respects the performance of any covenants or
obligations on the pan of the Landlord contained in this Lease thereafter to be performed provided
that; ·
(a) Any funds in the hands of such Landlord or the then vendor or transferor at the time
of such transfer in which the Tenant has an interest, shall be turned over to the purchaser
or transferee, and any amount then due and payable to the Tenant by the Landlord or the
then vendor or transferor under any provision of this Lease shall be paid to the Tenant;
and
(b) Upon any such transfer, the purchaser or transferee shall be deemed to have assumed,
subject to the limitations of this paragraph, all of the terms, covenants and conditions in
this Lease contained to be performed on the part of the Landlord; it is being intended
hereby that the covenants and obligations contained in this Lease on the part of the
Landlord shall subject as aforesaid, be binding on the Landlord, its successors and
assigns, only during and in respect of their respective successive periods of ownership.
41. If any mechanic's or other liens or order for the payment of money swill be filed against
the Demised Premises by reason, or arising out of any labour or material, work or service
furnished to the Tenant or to anyone claiming through the Tenant, the Tenant shall, within fifteen
(15) days after notice to the. Tenant of the f!ling thereof, cause the same to be discharged by
bonding, deposit, payment, Court Order or otherwise. The Tenant shall defend all suits to enforce
such lien or Order whether against the Tenant or th.e Landlord at the Tenant's own expense. The
Tenant hereby indemnifies the Landlord against any expense or damage as a result of such lien or
order. '
42. The Tenant shall have the right from time to time during the term hereof to erect, paint,
display, maintain, alter, change or renew advertising signs on the exterior and interior walls of the
Leased Premises; provided all such signs shall be dignified in appearance and shall be subject to
the consent in writing of the Landlord, such consent not to be unreasonably withheld; provided
further all such signs shall comply with the requirements of municipal and governmental
authorities. · ·
43. The Tenant covenants 'with the Landlord that the Tenant and its employees and all
persons visiting or doing business with them on the on the Demised Premises shall be bound by
and shall observe and perform and reasonable rules and regulations made by the Landlord of
which notice in writing shall be given to the Tenant and all such Rules and Regulations shall be
deemed to be incorpomted in and form any part of this Lease, herein set out in Schedule "C"
44. Any notice, request or demand herein provided for or given hereunder, if given by the
Tenant to the Landlord shall be sufficiently given if mailed by registered mail, postage prepaid, to.
the Landlord at Unit lA,
1255 TerWillegar Avenue,
Oshawa, Ontario LIJ 7 A4
Or fax to (905) 571-4357
Any notice herein provided for or given herein under given by the Landlord to the Tenant
shall be sufficiently given if mailed as aforesaid addressed to the Tenant as follows:
City of Pickering
One the Esplllnade
Pickering, Ontario
L1V6K7
Attn: Legal Department
Any notice mailed as aforesaid shall be conclusively deemed lo have been given on the
next business day following the day on which such notice is mailed as aforesaid. Either Landlord
or Tenant may, at any time, give notice in Writing to the other of any change of address of the
party giving such notice. From and after giving such notice, the address therein specifies sluill be
deemed to be the address of-such party for the giving of such notice thereafter.
11 33
I •
Waiver of
Breach
Net Lease
Gender and
Number
Headings
Mechanical
Installations
StiUctuml
Repairs
Envirorunc::ntal
Independent legal
Advice
Guarani or
34
45. The failure of the Landlord to insist upon a strict performance of any of the agreements,
terms, covenants and conditions hereof shall not be deemed a waiver of any rights or remedies that
the Landlord may have and shall not be deemed a waiver of any subsequent breach or default in
any such agreements, terms, covenants and conditions.
46. It is the intention ·of this Lease that the said rentals herein provided to be paid shall net to
the Landlord and clear of all taxes (except the Landlord's income taxes), costs and charges arising
from or relating to the Demised Premises and that the Tenant shall pay all charges, impositions
and expenses of every nature and kind relating to the Demised Premises and the Tenan-t covenants
with the Landlord accordingly.
47. Words importing the singular number only shall include the plural and vice versa; words
importing the masculine gender shall include the feminine gender and vice versa; and words
importing persons shall include firms and corpomtions and vice versa.
48. The division of this agreement into sections and subsections and schedules and the insertion
of headings are for convenience of reference only and shall not affect the construction, intent or
interpretation of this agreement. The section, subsection and schedule headings in this agreement
are not intended to be full or precise descriptions of the text to which they refer and are not to be -
considered part of this agreement.
49. This indenture and everything herein contained shall extend to and bind and endure to the
benefit of the respective heirs, executors, administrators, successors and assigns (as the case
may be) of each and every of the parties hereto, subject io the consent of the Landlord being
-obtained, as herein before provided, to any assignment or sublease by Tenant All covenants
herein contained shall be deemed to be joint and several and all rights and powers reserved to
the Landlord may be exercised by eitlier Landlord or its agents or representatives.
50. The Landlord warrants that all heating, plumbing, electrical, lighting and mechanical
systems will be in good repair and working order as of the date set for occupancy.
51. The Landlord shall be responsible for major structural repairs, including those to the
walls, roof and floors unless damages are caused by the Tenant, its employees, contractors, agents,
invitees or licensees.
52. The Landlord warrants that to the best of their knowledge, the premises does not contain
nor has it ever contained asbestos, PCB's (other than in any older light ballasts), urea
formaldehyde foam insulation or any other hazardous substance as defined by the Environmental
Protection Act of Ontario. The Tenant shall not permit any such material(s) to be brought onto the
Leased Premises.
53. The Tenant represents and acknowledges that they have received independent legal
advice prior to signing this lease agreement.
54. Set out in Schedule "D", are obligations of the Landlord, known as Landlord's work,
herein forming part of this Lease agreement.
55. Set out in Schedule "E", are obligations of the Tenant, known as Tenant's work, herein
forming part of this Lease agreement
56. A Rider consisting of two pages with paragmphs numbered consecutively "Rider 1" and
"Rider 2" is attached hereto and forms part of this Lease agreement
S+:--€a-)-Ge-venants.-In-e!IIISieE!I'IItie~e--ef Blle-tieHflf ESl.QQ) 11e~o !'Ilia b';(':
Landlord to the Guarantor(s) and other valuable consideration the receipt wh~o is
acknowledged, the guarantor covenants with the Landlord that the Tenant sEdul Crform and
observe every covenant, proviso, condition and agreement in this Lease on the of the Tenant
to be performed and observed, including the payment of rent and all oth~ yments agreed to be
paid of payable under this Lease on the days and at the times and !Jl-dle manner herein specified,
and that if default is made by the Tenant, whether in~payment offent or other sums from time to
time failing due hereunder as and when they become d d payable or in the performance or
observance of any of the covenants, provisos, cond· · or agreements which under the terms of
this Lease are to be performed, or observed b Tenant, the Guarantor(s) shall forthwith pay to
the Landlord on demand the ren2and o sums in respect of which default has occurred and all
damages that may arise in cons e of the non-observance or non-performance of any of the
covenant, proviSos, conditio agreements.
(b) EnforcemenL e Guarantor(s) covenants with the Landlord that the Guarantor(s) is jointly
and severall und with the Tenant for the fulfillment of all obligations of the Tenant under this
Lease. the enforcement of its rights hereunder the Landlord · may proceed against the
G t~)-as-i~wmmt~-..namN.th~~
12
I~ .~jj)
I • •
(d) Non-Waiver .. No neglect or forbearance of the Landlord in endeavouring to · payment of
the rent or other payments required be made under the provisions of this I.e when they become
due, no delay of the Landlord in taking any steps to enforce perfo or observance of the
covenants, provisos or conditions contained in this Lease to be ormed or observed by the
Tenant, no extension or extensions of time which maybe given the Landlord from time to time
to the Tenailt, and no other act or failure to act by the Land releases, discharges or in any way
reduces the obligations of the Guarantor(s) under the ntce contained in this paragraph 4.
(e) Termination. In the event of termination o ·s Lease, except by surrender accepted by the
Landlord, or in the event of disclaimer of · Lease pursuant to any statute, then at the option of
the Landlord the Guarantor(s) shall exe e a new Lease of the premises between the Landlord as
Landlord and Guarantor(s) as T for a term equal in duration to the residue of the term
remaining not expired at the da . of termination or disclaimer. The Lease shall contain the same
Landlord's and Tenant's ob · ations and the same coveruints, provisos, agreements and conditions
in all respects (includin e provisos for re-entry) as are contained in this Lease.
IN WI1NESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED AND DELIVERED
In the presence of)
D'ANGELO (P, & G.) HOMES LIMITED . '
Per.~~~~~~~~~~----------~
Grace D'Angelo
President
I have the authority to bind the corporation
CORPORATION OF THE CITY OF PICKERING
I have the authority to bind the corporation
13 35
~oo'
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3ill
SCHEDULE"C"
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF mE WITHIN LEASE
1. The sidewalks, entrances, elevators, stairways and corridors of the Building shall not be obstructed by
any Tenants or used by them for any other purpose than for ingress and egress to and from their respective
offices, and no Tenant shall place or allow to be placed in the hallways, corridors or stairways any waste
paper, dust, garbage, refuse or any thing whatever that shall tend to make them appear unclean, untidy or
filthy;
2. The floors, skylights and windows that reflect or admit light into passageways or in to any place in
the said Building shall not be covered or obstructed by any of the Tenants, and no awnings ·shall be put over
any window; the water closets and other water apparatus shall not be used for any purpose other than thnse
for which they were constructed, and no sweepings, rubbish, mgs, ashes or other substance shall be thrown
therein, and any damage resulting to them from misuse shall be home by the Tenant by whom or by whose
employee the damage was caused.
3. In the event that thy Landlord provides and installs a Public Directory Board inside the main entrance
to the Building, the Tenants' name or names shall be placed on the said Board at the expense of such
Tenant or Tenants, same to be charged to the Tenant or Tenants in the month's bill for rent next rendered,
and shall be iecovemble as rent. ·
4. All window signs, interior signs and signs on glass doors must be approved in writing by the Landlord
before the Tenant engages a sign contmctor to paint said signs, and all such signs shall be painted in the
form previously so approved by the Landlord.
5. If any sign, advertisement or notice shall be inscnbed, painted or affixed by the Tenant on or to any
part of the said Building whatever, then the Landlord shall be at liberty to enter on said premises and pull
down and take away any such sign, advertisement or notice, and the expense thereof shail be payable by the
Tenant.
6. If by reason of any altemtions which the Tenant may make or may permit to be made, with or without
the consent of the Landlord, to any part of the Demised Premises or to any fixtures in the Demised
Premises, the addition of any equipment or the use of any material which the Tenant, its employees or other
persons permitted by the Tenant to be on the premises may use or keep in the said premises, or any change
in the type of occupancy of the Demised Premises which the Tenant may make or permit to be made, there
is any increase in the insurance premiums payable by the Landlord on any fire insurance which may be in
effect or which the Landlord may hereafter place upon the Building of which the Demised Premises form a
part, the Tenant agrees to pay to the Landlord the amount of such increase, and the parties agree that a
statement by the insurance broker of the Landlord of the amount of such increase shall be final and binding
upon the parties.
7. No safes, machinery, equipment, heavy merchandise or anything liable to injure or destroy any part of
the Building shall be taken into it without the consent of the Landlord in writing, and the Landlord shall in
all cases retain the power to limit the weight and indicate the place where such safe or the like is to stand,
and the cost of repairing any and all damage done to the Building by taking in or putting out such safe or
the like or during the time it is in or on the premises, shall be paid for on demand by the Tenant who so
causes it. No Tenant shall load any floor beyond its reasonable weight carrying capacity as set forth in the
municipal or other codes applicable to the Building. All glass, locks and trimmings in or upon the doors or
windows of the Demised Premises shall be kept whole and whenever any part thereof shall become broken,
the same shall be immediately replaced or repaired under the direction and to the satisfaction of the
Landlord, and such replacements and repairs shall be paid for by the Tenant.
8. In order that the Demised Premises may he kept in a good state of preservation and cleanliness, the
Tenant shall during the continuance of its lease clean the Demised Premises. No heavy equipment of any
kind shall be moved within the Building without skids being placed under the same, and without the
consent of the Landlord in writing.
9. The Landlord shall have the right to enter the Demised Premises at reasonable hours in the day to
examine the same or to make such repairs and altemtions as it shall deem necessary for the safety and
preservation of the Building, and also during the three months previous to the expiration of the lease of the
Demised Premises, to exlubit the. said premises to be let and put upon them its usual.notice ''For Rent",
which said notice shall not be removed by any Tenant. Any alterations, additions, renewals or changes
made in the partitions or divisions of the rooms or linoleum floors during the currency of this lease shall, if
made at the request of the Tenant, be done by the Landlord at the expense of the Tenant, and shall be
subject to the approval in writing and direction of the Landlord.
I 0. Nothing shall be thrown by the Tenants, their clerks or servants, out of the windows or doors or down
the passages and sky-lights of the Building.
38 15
.....
II. No birds or animals shall be kept in or about the premises nor shall the Tenants operate or permit to
be operated any musical or sound producing instrument or device inside or outside the premises which may
be heard outside the premises.
12. If the Tenant desires telegraph or telephone, cull bell or other private signal connections, the Landlord
reserves the right to direct the electricians or other workmen as to where and how the Wires are to be
introduced, and without such directions no boring o~ cutting for wires shall take place. No other Wires of
any kind shall be introduced without the written consent of the Landlord.
13. No Tenant and/or person shall use the Leased Premises for sleeping apartments or residential
purposes, or for the storage of personal effects or articles other than those required for business purposes.
14. Tenants and their employees shall not make or commit any improper noise in the Building; or in any
way interfere with or annoy other Tenants or those having business with them.
15. All Tenants must observe strict care not to allow their windows to remain open so as to admit rain or
snow, or so as to interfere with the heating of the Building. Any injwy or damaged caused to the Building
or its appointments, furnishings, heating and other appliances, or to any other Tenant or to the premises
occupied by any other Tenant, by reason of windows being left open, so as to admit rain or snow, or by
interference with or neglect of the heating appliances, or by reason of any other misconduct or neglect upon
the part of the Tenant or any other person or servant subject to him shall be made good by the Tenant in
whose premises the neglect, interference or misconduct occurred. ·
16: Nothing shall be placed on the outside of windows or projections of the demised premises. No air-
conditioning equipment shall be placed at the windows of the Demised Premises withoui the consent in
writing of the Landlord.
17. The Tenant shall not to place any additional locks upon any doors of the Building without the written
consent of the Landlord.
I 8. The Tenant shall give to the Landlord pf!Jmpt written notice of any accident or any defect in the water
pipes, gas pipes, heating apparatus, telephone or eleciric light, or other wires in any part of said Building.
19. No inflammable oils or other inflanunable, dangerous or explosive materials shall be kept or
permitted to be kept in the I;>emised Premises. Nothing shall be placed on the outside of windowsills or
projections.
20. The Tenant shall give the Landlord prompt notice of any accident to or any defect in the plumbing,
heating, air-conditioning, mechanical or electrical apparatus or any other part of the Building. The
caretaker will have charge of ull radiators and will give ull information for the management of the same, and
the Tenant shall give to the Landlord prompt written notice of any accident to or defects in the water pipes
or heating apparatus. The Landlord shall not be liable for any damage to any property at any time on the
Demised Premises, nor for the theft of any of the said property, nor shall it be liable for an escape or
leakage of smoke, gas, water, rain or snow, howsoever caused, nor for any accident to the property of the
Tenant
21. 'No bicycles or other vehicles shall be brought within the said Building or upon the Landlord's
property, including any lane or courtyard, except in the parking areas.
23. Spikes, hooks, nails, screws or knobs shall not be put into the walls or woodwork.
24. No freight, furniture or packages will be received in the Building or carried up or down in the stairs
between the hours of 8 a.m. and 6 p.m.
25. It shall be the duty of the respective Tenants to assist and co-operate with the Landlord in preventing
injwy to the Demised Premises to them respectively.
26. Any person entering upon the roof of the Building does so at his/her own risk.
27. The Tenant shall not enter into any contract with any person or persons or corporations for the purpose
of supplying towels, soap or sanitary supplies, etc., ice or spring water, unless the said person or persons or
corporations agree that the time and place of delivery of such articles and the elevator service to be used in
connection therewith shall be subject to such rules and regulations as ihe Landlord may from time to time
prescribe.
28. No Tenant shall make a door-to-door canvass of the Building for the purpose of selling any products or
services to the other Tenants without the written consent of the Landlord.
29. No Tenant shall be permitted to do cooking to operate cooking apparatus except in a portion of the
Building rented for the purpose.
35. The Landlord shall have the right to make such other and further reasonable rules and regulations as
in its judgment and may from time to time be needful for ihe safety, care, cleanliness and appearances of
the premises.and the Building, and for the preservation of good order therein, and the same shall be kept
and observed by the Tenants, their clerk and servants.
16 39
RIDER!
SURRENDER OF LEASED PREMISES
Notwithstanding anything contained within the Lease, all alternations, partitions, floor coverings
of any kind or nature, plumbing fixtures, heating and air-conditioning units shall remain the
property of the Landlord. All interior leasehold improvement will be the property of the Tenant at
the end of the term of the Lease. Upon the expiration of the Term or any renewal or extension of
this lease, or other termination hereof Tenant shall surrender the Leased Premises in good order,
·condition and repair as Tenant is required to maintain the Leased Premises under the terms of this
Lease, save and except by unavoidable casualty, and Tenant shall. remove all garbage and debris
from the Leased Premises and shall leave the Leased Premises to the Ll!ndlord all combinations of
locks, safes and vaults, if any, in the Leased Premises.
Notwithstanding the foregoing, or anything else in this Lease, the Tenant shall have the right to
make alterations and installations to the Demised Premises at its own expense from time to time
during the Lease term, with the consent of the Landlord. The Tenant shall not be required to
restore the Demised Premises to their original base building standard, but will leave the Demised
Premises in free and clear of debris and broom swept condition, reasonable wear and tear
excepted, upon termination of the Lease. Any additional alterations not consented to by the.
Landlord wil~ however, be removed by the Tenant at the Tenant's expense at the option of the
Landlord.
®
/ @~ 42~------------------1-9 --~------------------~ ~~9
LEG 04-15
Subject: Seaton FIA and District Park MOA
February 9, 2015
Page 2
~-------------AttaGhment 2 to this Report. Report CAO 05-13 (including the FIA, as originally
approved by Council) is Attachment 3 to this Report,
The establishment of a district park will provide active and passive park space for the
use and enjoyment of the City's residents. This is consistent with the objectives of the
Central Pickering Development Plan which calls for "a broad range of social,
institutional, open space and recreational facilities" within Seaton. The District Park
Agreement makes it possible for the City to provide a district park facility within the
Seaton development area. Staff therefore recommend that the District Park Agreement
and the amended FIA be executed by the City.
Financial Implications: The district park lands which the Province is committing to
transfer to the City consists of approximately 90 acres of land within the Seaton
development area plus an additional approximately 10 acres of land over which the City
will be granted a permanent easement. If the City was forced to purchase lands for the
district park at fair market value, the cost would be prohibitively high. Given the various
and significant cost pressures under which the City operates on an ongoing basis, it is
likely that the Seaton district park would not proceed at all without the cooperation of the
Province in finalizing the District Park Agreement.
Discussion: ·
District Park Agreement
Schedule "A" to the District Park Agreement (last page of Attachment 1) is a map
showing the location of the district park site. The park is located on the west side of
Sideline 32 just north of Highway 7 within the Seaton development area. The park site
has an area of approximately 90 acres and is shown in green on the map. The site is
suitable for various sports fields (for example, soccer, baseball, cricket, rugby) and
related parking and spectator areas and facilities. In addition to the district Park site, an
additional area of approximately 10 acres is outlined in red on the map. It is the intent of
the Province and the City to add the additional 10 acre area to the district park. That
being said, the additional area is part of Seaton's Natural Heritage System, and cannot
be transferred outright to the City. The Province is able to give the City a permanent
easement over the additional 10 acre area, subject to additional approvals. The
easement would give the City exclusive possession of the 10 acre area and would
accommodate additional passive park uses. It is anticipated that the Province will obtain
the necessary approvals to transfer the easement to the City. At this point in time, the
Toronto and Region Conservation Authority has already informally approved of the
easement. If for any reason the necessary approvals are not forthcoming, then the City
will not be able to add the additional10 acre area to the district park. In such event, the
District Park Agreement provides that the Province and the City will enter into
discussions to provide for the transfer to the City of an additional parcel of land on the
south side of Highway 7 immediately to the South of the district park site.
CORP022'i'-O'i'/01 1evised
45
46
LEG 04-15
Subject: Seaton FIA and District Park MOA
February 9, 2015
Page 3
The District Park Agreement and amendments to the FIA provide for the above-noted
transfers of lands to the City. The Agreements express the Province's obligation to
transfer the district park site in terms of a land exchange. Specifically, the Province's
obligation to transfer the district park to the City is described within the Agreements as
being in exchange for the conveyance by the City of certain unused road allowances
within Seaton. Please note, however, that the Council-approved FIA already provided
for the transfer of unused road allowances in the Seaton development area to the
Province and the landowners. The District Park Agreement and the FIA do not commit
the City to make any land transfers over and above those already contemplated by the
draft FIA approved by Council in 2013.
Amendments to Financial Impacts Agreement
Since the draft FIA was approved by Council on a October 23, 2013, the Province has
requested certain amendments. To the extent that the requested amendments were
acceptable to City staff, they have been incorporated into the updated draft FIA
(Attachment 2 to this Report). Apart from minor housekeeping amendments to the FIA,
the key changes are as follows:
Section 2.7: This new Section makes the FIA conditional upon the Province
meeting its obligations to consult with Aboriginal peoples where required, and to provide
accommodation where necessary. Although adding a condition to the FIA is not
favourable for the City, the Province is subject to a statutory obligation to consult
Aboriginal peoples if and when their interests are affected. The inclusion of the
Aboriginal consultation condition is therefore unavoidable.
Section 6.5 The amendments to this Section are of a technical nature, and
relate to the manner in which development charges are calculated on the Province's
prestige employment lands within Seaton. This provision now specifies that
development charges are to be calculated on the prestige employment lands on a land
area basis as opposed to a total floor area (GFA) basis. This amendment benefits the
City by requiring that the entire development charge must be paid for each parcel of
land when initial development occurs. This helps ensure complete development charge
recovery, regardless of the average building density achieved. The revisions to Section
6.5 will encourage intensification of development, and will discourage land banking.
Article 8: Amendments to this Article now specifically provide for the
transfer to the City of approximately 90 acres plus a permanent, irrevocable easement
to the City over an additional 1 0 acre area, for district park purposes. The amendments
correspond to the provisions of the District Park Agreement described above. The
amendments to this Article also provide for the location of stormwater management
works within Seaton's Natural Heritage System on the basis of permanent, irrevocable
easements in favour of the City, as opposed to outright transfers of title to the City.
CORP0227-07/01 revised
48
~TTACHMENT# I TO REPORT# I-E9 --
TIDS AGREEMENT MADE this __ day of _____ , 2014f .of. (o . . Dt/--IS
BETWEEN:
RECITALS:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Economic Development,
Employment and Infrastructure as represented by Ontario
Infrastructure and Lands Corporation (hereinafter the
"Province")
-and-
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter the "City")
A. the City and the Province and other landowners have executed an agreement (the
"FIA") as of even date with regards to the development of the community known as
Seaton as identified in the Central Pickering Development Plan;
B. the FIA provides, inter alia, (i) that not less than approximately 90 acres of land
and (ii) an easement over a further approximately 10 acres of land will be transferred by
the Province to the City for municipal purposes and which will be utilized for a District
Park and further that the City will transfer to the Province approximately 7 4 acres of land
·that are currently road allowances and will comprise part of the development area of the
Seaton community;
C. the parties wish to enter into this Agreement to outline their understanding with
regards to the lands to be transferred, and the timing of such transfers and other matters
related thereto.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the PARTIES HEREBY COVENANT AND AGREE as follows:
Definitions
1. In this Agreement ("Agreement") and the attached Schedules, the following
words and expressions have the following meanings:
.1. Closing Date: subject to any extensions permitted under this
Agreement, the Closing Date in respect of the land exchange contemplated by
this Agreement shall be on or before March 31, 2015 or such other date as
mutually agreed to by the parties.
n. Easement Land: means approximately .1 0 acres of land, identified on
Schedule "A" hereto, and which will be further identified and defmed by
Page 1 of5
Reference Plans to be created pursuant to the terms and conditions hereof,
which land will be used by the City for the purpose of a District Park.
111. Municipal Land: means not less than approximately 90 acres of land
identified on Schedule "A" hereto, and which will be further identified and
defmed by Reference Plans to be created pursuant to the terms and conditions
hereof, which land will be used by the City for the purpose of a District Park.
IV. Permitted Encumbrances: subject. to further agreement by the parties,
Permitted Encumbrances mean those title encumbrances which are
irrevocably deemed to be acceptable to the Province and to the City in respect
of those lands to be acquired either by the Province or the City pursuant to this
exchange of lands. Such Permitted Encumbrances shall be limited to
registered agreements with publicly regulated utilities provided same have
been complied with, easements, rights-:of-way, or licences for the supply of
public and/or private utilities or telephone services as well as easements or
rights-of-way for drainage, storm or sanitary sewers and public utility or
telephone and minor encroachments not materially affecting marketable title
of such lands.
v. Reference Plan: means a plan deposited under section 150 of the Land Titles.
Act or section 80 or 81 of the Registry Act and includes any other .plan
deposited as a reference plan;
v1. Road Allowances: means approximately 74 acres of land identified on
Schedule "B" hereto, and which will be further identified and ·defined by
Reference Plans to be created pursuant to the terms and conditions hereof.
Conditions .
2. This Agreement shall only be binding on the parties if the FIA becomes binding
on the parties, and if the FIA does not become binding on· the parties by March
31, 2015 then this Agreement shall be null and void and of no effect.
3. The closing of the transaction contemplated by this Agreement should it become
binding on the parties pursuant to the terms hereof is subject to the following
conditions precedent first being achieved by the Closing Date:
a. the Municipal Lands have been identified by Reference Plans registered in
the appropriate Land Titles Office;
b. the Easement Lands have been identified by Reference Plans registered in
the appropriate Land Titles Office;
c. the Road Allowances have been identified by Reference Plans registered
in the appropriate Land Titles Office;
d. all Class Environmental Assessments with regard to the subject matter
hereof required by either party have been completed; .
e. the Province is satisfied in its sole and absolute discretion as to title of the
Road Allowances and the environmental condition of the Road
Allowances;
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f. the City is satisfied in its sole and absolute discretion as to the title of the
Municipal Lands and the environmental condition ofthe Municipal Lands;
g. the City has passed any by-laws required to stop up and close the Road
Allowances and to sell such land;
h. any required approvals from Ministry of Natural Resources pursuant to
Section 43 .of the Municipal Act, 2001 have been obtained;
1. any required approvals of the Council of the City with regards to the
matters dealt with herein have been obtained; and
J. the City is satisfied in its sole discretion that the Municipal. Lands are
suitable for use as a district park.
Land Exchange
4. The parties acknowledge and agree that the terms of this Agreement govern the
conveyance of land from the Province to the City as provided for in the FlA. The
parties agree that non-satisfaction of a condition precedent under this agreement
shall not constitute a default under the FlA.
5. The parties acknowledge that in order to effect the la...'ld exchange contemplated
by this Agreement surveys will have to completed and filed with the appropriate
Land Titles Office as Reference Plans. The exact boundaries of the Rmid
Allowances and of the Municipal Land and Easement Land will be determined by
the parties acting reasonably, provided that if the parties cannot agree on the exact
boundaries of the lands to be included in the Reference Plans showing the Road
Allowances, Municipal Land and Easement Land prior to the Closing Date .then
this Agreement shall be null and void unless. otherwise agreed to.
· 6. Each of the parties hereto agree to pay the cost of preparing and depositing the
Reference Plans required for the land that it is receiving ..
7. The parties agree that.if the Province does not obtain all required approvals to
convey the easement over the Easement Land as contemplated by this Agreement,
then the definition of the Municipal Land may be amended in accordance with the
provisions ofthe FIA if the parties agree that additional land is to be transferred to
the City pursuant to the FlA.
8. On the Closing Date the Road Allowances shall be conveyed to the Province by
the City subject to Permitted Encumbrances.
9. On the Closing Date the Municipal Lands shall be transferred to the City by the
Province subject to Permitted Encumbrances.
-10. Subject to Section 7 hereof, on the Closing Date an irrevocable easement, on
terms to be agreed upon between the Province and the City acting reasonably,
shall be transferred to the City by the Province subject to Permitted
Encumbrances.
General
11. The recitals to this Agreement form part of and are an. integral component of this
Agreement.
Page 3 of5
12. Time shall be ofthe essence of this agreement.
13. The provisions of this Agreement extend to, bind and enure to the benefit of the
parties, and their· successors and permitted assign~. No party may assign any
rights or obligations hereunder or in connection with this Agreement without the
express prior written consent of all other parties hereto.
14. This Agreement and the rights and obligations of the parties to this Agreement
shall be determined in accordance with the laws ofthe Province of Ontario.
15. Each of the parties acknowledges that they are independent contractors and· not
the agent or partner ofthe other. Nothing in this Agreement shall be interpreted
as creating any legal relationship other than as contracting independent parties.
16. Each party shall pay its own costs and expenses of and incidental to the
preparation of this Agreement and the negotiations preceding or associ;:tted with
such agreement.
17. No amendment, modification, supplement, termination or waiver of any provision
of this Agreement, and no consent to any departure from the strict terms hereof
may in any event be effective unless in writing and signed by all parties hereto
and then only in the specific instance and for the specific purpose given.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 4 of5
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18. This Agreement may be executed in counterparts (and by different parties hereto
in different counterparts), each of which shall constitute an original, but all of
which when taken together shall constitute a single contract. Delivery of an
executed counterpart of a signature page of this Agreement by telecopy or by
sending a scanned copy by electronic mail shall be effective as delivery of a
manually executed ~ounterpart of this Agreement. ·
IN WITNESS WHEREOF the parties have executed this Agreement effective as at the
date noted herein.
HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO as represented
by the Minister of Economic
Dev~lopment, Employment and
Infrastructure as represented by Ontario
Infrastructure and Lands Corpo.ration
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the
Province.
THE CORPORATION OF THE CITY
OF PICKERING
Per:
Name:
Title:
Per:
Name:
Title:
I/We have authority to bind the City.
Page 5 of5
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ATTACHMENT#, c;)_ TO REPORT# Le ~ .
SEATON lANDOWNERS GROUP AND CITY OF PICKERI~ .of. 3~3 Dtf-/e;-
FINANCIAL IMPACTS AGREEMENT
THIS AGREEMENT is made this day of 12014.
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter referred to as the "City"}
OF THE FIRST PART
and
HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of
Economic Development, Employment and Infrastructure as represented by Ontario
Infrastructure and Lands Corporation
RECITALS:
(hereinafter referred to as the "Province")
OF THE SECOND PART
and
1133373 ONTARIO INCORPORATED,
, LEBO VIC ENTERPRISES LIMITED,
AFFILIATED REALTY CORPORATION LIMITED,
CHESTERMERE INVESTMENTS LIMITED,
HUNLEY HOMES LIMITED,
1350557 ONTARIO LIMITED,
ZAVALA DEVELOPMENTS INC.,
ZAVALA DEVELOPMENTS INC., in Trust,
. MATTAMY (SEATON) LIMITED, and
WHITE SUN DEVELOPMENTS LIMITED
(hereinafter collectively referred to as the "SPL")
OF THE THIRD PART
A. The Province and the SPL (individually) are owners of land in the City of
Pickering in the Regional Municipality of Durham in the Province of Ontario
that is located in an area known as the "Seaton Community" or "Seaton", as
depicted on Schedule "A" (the "Lands"). ·
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B. The Seaton Community is a development area subject to the Central
Pickering Development Plan, which was prepared and approved by the
Minister of Municipal Affairs and Housing pursuant to the Ontario Planning
and Development Act, 1994, S.O. 1994, c. 23, and came into effect by
Provincial Order-in-Council dated May 3, 2006, and amended on June 6, 2012
(the "CPDP").
C. The Province and the SPL are collectively referred to as the "SLG".
D. The City and the SLG have entered into this Agreement for the purpose of
confirming arrangements pertaining to the financing and construction of City
infrastructure and other related matters <;~ffecting the development of the
Seaton Community.
E. The City was authorized by Council to execute this Agreement on Octo.ber 28,
2013.
F.. A final decision of the OMB, with no Order, was required to be requested on
or before October 31, 2013 with respect to the zoning by-law for the Lands
owned by the SPL within Seaton Phase 1 and such final decision was
rendered, and no Order has yet been issued.
G. The City provided evidence to the OMB with respect to a draft plan of
subdivision, draft conditions and draft zoning by-law for the Lands owned by
the Province within Seaton Phase 1 at the settlement hearing held on
January 15, 2014.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the PARTIES HEREBY COVENANT AND AGREE as follows:
Definitions ·
ARTICLE 1
INTERPRETATION
1.1 In this Agreement and the attached Schedules, the following words and ·
expressions have the following meanings:
(a) "10% Contribution" has the meaning described in Section 5.1..
(b) "Building Permit" means a building permit issued pursuant to the
Building Code Act, 1992, S.O. 1992, c. 23, as amended, revised or
2
consolidated from time to time and the regulations thereto, and any
successor legislation.
(c) "Business Day" means a day other than Saturday, Sunday or statutory
holiday in the Province of Ontario.
(d) "City" means The Corporation of the City of Pickering or the
geographic area of Pickering, as the context dictates.
(e) "City-wide DC By-law" means a DC By-law that applies to the entire
City, including Seaton, and which comes into effect in 2014.
(f) "CPDP" has the meaning described in Recital B.
(g) "Council" means Council of the City.
(h) "DC" means "development charge" as that term is used in the DC Act.
(i) "DC Actl' means the Development Charges Act, 1997, S.O. 1997, c. 27,
as amended, revised or consolidated from time to time and the ·
regulations thereto, and a_ny successor legislation.
U) "DC By-law" means a by-law to impose DCs passed pursuant to the
DC Act and enacted by Council.
(k) "MESPA" means the Master Environmental Servicing Plan
Amendment dated July 2013 as required by Policy 1 of Section 4.6
Servicing ofthe CPDP and asfiled with the City in July 2013.
(I) "NFSSRs" means the Neighbourhood Functional Servicing and
Stormwater Reports as required by Section 11.73 of Amendment No.
22 to the City's Official Plan.
(m) "OMB" means the Ontario Municipal Board.
(n) "Region" means the Regional Municipality of Durham ..
(o) "Regional Road Enhancements" means the sidewalk, streetlighting.
and trail works listed in Schedule "D-3", being works related to
specific Regional roads internal to Seaton, as well as the proposed
extension of Rossland Road/SL22 from Brock Road to· the south limit
of Seaton (located external to Seaton).
(p) "SDE" means a single detached equivalent unit.
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. (q) "Seaton" and "Seaton Community" have the meanings described in
Recital A.
(r) ."Seaton .Cost Sharing Agreement" means the agreement of the same
name dated July 18, 2007 entered into amongst members of the SLG
for the purpose ofco-ordinating responsibilities related to dedication
of land and construction of infrastructrJre in order to facilitate the
development of the Seaton Community, as amended, restated or
replaced from time to time.
(s) "Seaton ·external Road Works" means the City roads external to
Seaton and associated road works listed in Schedule "D-2".
(t) "Seaton Internal Road Works" means the City roads internal to
Seaton and associated road works listed in Schedule "D-1".
(u) "Seaton Natural Heritage System" means the Natural Heritage
System located within Seaton and described in City Official Plan
Amendment No. 22.
(v) "Seaton Phase 1" means the first phase of development of the
Seaton Community, as depicted on Schedule "B".
(w) "Seaton Share" refers to the proportion of the total amount of any
·cost related to the Seaton External Road Works that is payable
pursuant to the terms of this Agreement by the SLG, in accordance
with the percentages set out in Schedule "D-2".
(x) "SLG" means the SPL and the Province and includes their respective
successors, including successors in title to the Lands, and permitted
assigns.
(y) "Soft Services" means those services that are, as of the date of this
Agreement, subject to the 10% deduction under Section 5(1)8 of the
DC Act.
(z) "SPL" has the meaning described on page 1 of this Agreement and
includes the successors, including successors in title to Lands owned
by the SPL as of the date of this Agreement (the "SPL Lands"), and
permitted assigns of every corporation, partnership or other legal
person comprising the SPL.
(aa) "SSIS" means the Seaton Staged Servicing and Implementation
Strategy dated December 2011, revised May 2013.
4
Schedules
1.2 The schedules referred to in this Agreement, as same may be amended from
time to time by .further agreement of the parties in accordance with the
principles contained in this Agreement, shall be deemed to form part hereof.
The schedules to this Agreement are as follows:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D-1"
Schedule "D-2"
Schedule "D-3"
Schedule "E"
Plan Depicting Ownerships in Se~ton
Plan Depicting Seaton Phase 1
Single Detached Equivalent Unit Factors
Seaton Internal Road Works
Seaton External Road Works
Regional Road Enhancements
Notice Particulars
ARTICLE 2
CONDI"{IONS PRECEDENT
2.1 Subject to Section 2.3, this Agreement is subject to the following conditions
precedent first being achieved by the following dates indi-cated:
(a) On or before November 15, 2014 the City will have requested that
the OMB issue .a decision and an Order granting approval of the draft
plan of subdivision and draft plan conditions~ for the Lands owned by
the Province within Neighbourhood 21 (Plan of Subdivision No. SP-
2011-03), by November 30, 2014 or as soon as reasonably practicable
thereafter);
(b) On or before March 31, 2015, the Province has obtained all required
approvals with regards to the terms of this Agreement, including
transfers and conveyances referred to in Sections 8.4, 8.5 and 8.6;
(c) On or before March 31, 2015, the SPL and the Province have executed
a binding agreement or agreements which are in force providing for
the sharing of costs to be incurred pursuant to this Agreement; and
(d) On or before .March 31, 2015, any and all front ending agreements
required to be entered into between the Region and the SLG for the
development of Seaton Phase 1, to the satisfaction of the Region and
the SLG, have been fully executed.
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2.2 The parties agree to work diligently and in good faith and to do all things
reasonably necessary to satisfy the conditions p.recedent set out in Section
2.1 on or before the dates provided for therein.
2.3 In the event that any of the conditions precedent described in Section 2.1
has not been achieved on or before the dates provided for .therein, then the
SLG shaH have the sole discretion to extend the time for the fulfillment of any
such condition by providing written notice to the City from the SLG Trustee.
2.4 If any of the conditions precedent described in Section 2.1 have not been
achieved on or before the date provided for therein and the SLG has not,
prior to such date, provided the City with notice of an extension as described
in Section 2.3, then, as of such applicable date, this Agreement shail
immediately terminate and be at an end, and each party shall be wholly
released and forever discharged from all covenants and requirements
provided for herein.
2.5 The SLG shall not be entitled to waive conditions 2.1 (c) and (d) without the
City's consent.
2.6 The zoning by-law referred to at Section 2;1(a) shall not contain any holding
provisions in relation to financial issues.
2.7 The parties acknowledge and agree that commitments and .obligations of the
Province set out in this Agreement are conditional on the Province meeting
any obligations to consult with Aboriginal peoples where required, and
·provide accommodation, where necessary. Determination of whether
consultation by the Province is required and whether the Province has
carried out the necessary consultation shall be at the sole discretion of the
Province. The Province will advise the other parties of any potential required
modifications to the commitments and obligations set out in this Agreement
arising from its consultation including any potential requirement to extend
the time for fulfilling any of the conditions precedent, and each ofthe parties
agree to negotiate, acting reasonably, any potential required modifications
to the commitments and obligations set out in this Agreement.
ARTICLE 3
SEA TON PHASE 1
3.1 The City agrees that Seaton Phase 1 will be comprised of the area depicted
on Schedule "B" and will be subject to a maximum total residential unit count
of 9,800 SDEs as well as the lands designated Prestige Employment pursuant
6
to the CPDP as depicted on Draft Plan of Subdivision SP-2011-03. The parties
agree that the Single Detached Equivalent Unit Factors set out in Schedule
"C" shall be used to calculate the number of SDEs within any development in
Seaton.
3.2 . Where payments are made on an SDE basis pursuant to this Agreement, the
amount payable for each dwelling unit will be calculated based on unit type
in accordance with the SDE unit factors set out in Schedule "C".
3.3 The City acknowledges that it· is satisfied with and accepts the SSIS in
principle as submitted by the SLG, dated December 2011, revised May 2013.
ARTICLE 4
ROADS AND ENHANCEMENTS
FUNDING AND CONSTRUCTION
SLG funding and construction of Seaton Internal Road Works
and Regional Road Enhancements
4.1 The SLG will design and construct, at the SLG's sole expense and to the
satisfaction of the City, the Seaton Internal Road Works as set out in
Schedule "D-1''. The SLG will also design and construct at the SLG's sole
expense and to the satisfaction of the City the Regional Road Enhancements
as set out in Schedule "D-3". Such works will generally be constructed as
adjacent development proceeds, with detailed requirements respecting
design and construction, including timing, set out in future servicing or
subdivision agreements between the SLG and the City.
SLG funding for Seaton External Road Works
4.2 The SLG will provide funding to .the City for the Seaton Share of the Seaton
External Road Works, as the works are designed and constructed by the City,
in accordance with invoices or progress certificates approved by the City
Director of Engineering and Public Works, provided that the maximum
contribution required to be made by the SLG, in the aggregate, for the
Seaton External Road Works shall be capped at the amount equal to the
estimated cost of $3,640,000.00 attributed to the subject projects as set out
in Schedule "D-2", subject to adjustment of the unpaid balance compounded
on an annual basis in accordance with the lesser of: (i) the construction price
index applied by the City to its City-wide DC for roads from time to time, ~nd
(ii) an annual index rate of 10%, from the date of this Agreement until the
date bf payment. The parties agree that the Province's share of the Seaton
Share of such costs shall not· exceed $1,723,540 subject to the indexing
described above. For greater certainty, the SLG will not be responsible for
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the component of the capital costs of the Seaton External Road Works
attributable to ."Benefit to Existing/Post Period Benefit" as shown in Schedule
"D-2".
4.3 The City will be responsible for the capital costs of the Seaton External, Road
Works attributable to exemptions from the payment of DCs in respect of
schools and City and Regional facilities. Prior to the issuance of a Building
Permit for any school or any City or Regional facility that would be exempt
from the payment of DCs pursuant to the DC Act, the City shall pay to the
SLG Trustee (for distribution to the SLG) an amount equal to the share of
such costs attributable to such school, or City or Regional facility, calculated
in a manner consistent with the manner in which the attribution of costs
would be determined in the background study for the calculation of DCs.
Exemption of Seaton from Roads DC
4.4 No DCs relating to new roads or improvements to existing roads, will be
imposed by the City:
(a) against any non-residential uses in Seaton until development of
18,050,000 square feet GFA of non-residential development in
Seaton; or
(b) against any residential uses until residential development of 18,887
SDEs in Seaton.
For greater certai~ty, any DC By-law enacted by the City shall exempt :;eaton
from the payment of any DC relating to new roads or improvements to
existing roads (including related infrastructure such as bridges, culverts,
sidewalks, trails, streetscaping, streetlighting, signalization and management
of stormwater within roads), provided that a DC relating to capital costs of
transportation facilities,· operations, vehicles and equipment may apply. to
Seaton.
4.5 In the event that, for any reason, the City imposes a DC By-law in
contravention of Section 4.4, then the City shall, upon any receipt of
payment of any DC paid pursuant to such DC By-law, forthwith reimburse the
full amount paid to such owner of lands in Seaton.
ARTICLES
. OTHER SPL CONTRIBUTIONS
10% Statutory Deduction
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5.1 The SPL will provide funding to the City in respect of the development of the
SPL Lands in an amount equivalent to the amount by which the City's DC is
reduced as a result of the 10% reduction in the capital costs funded by the
DC that is attributable to the development of the SPL Lands pursuant to
paragraph 5(1)8 of the DC Act, calculated and paid in accordance with·
Sections 5.2 to 5.5 below (the "10% Contribution").
5.2 The 10% Contribution will be determined based on ·11.11% of the DCs
payable on Soft Services by SPL under the City-wide DC By-law.
5.3 The 10% Contribution will be determined prior to the registration of the first
plan of subdivision on the SPL Lands based on the calculations in the
background· study for the first DC By-law review undertaken by the City
following the date of this Agreement. The 10% Contribution will be indexed
from time to time in accordance with the construction price index prescribed
by the DC Act, but shall not be subject to any other increase or adjustment.
5.4 The 10% Contribution will be calculated and payable on the following basis:
(a) calculated ori an SDE basis and payable at the time of plan of
subdivision registration for residential developmen:t on the SPL Lands,
except for residential development on mixed-use or multi-residential
development blocks subject to site plan approval under section 41 of
the Planning Act;
(b) calculated on an SDE basis and payable at the time of building permit
issuance for all residential development on the SPL Lands within a
mixed-use or multi-residential development block subject to site plan
approval under section 41 of the Planning Act;
(c) calculated on a gross floor area basis and payable at the time of
Building Permit issuance for all non-residential development on the
SPL Lands; and
(d) it shall continue to be indexed and paid following expiry or repeal of
the City-wide DC By-law until full build-out of all of the non-
residential development on the SPL Lands and development of the
first 11,280 SDEs constructed on the SPLLands.
5.5 The ·Province will not provide any contribution to the City on account of the
10% Contribution.
5.6 In the event of any substantial amendment to the DC Act subsequent to the
execution of this Agreement, the SPL and the City agree that they shall
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renegotiate the applicable terms of this Agreement in good faith to the
extent necessary to ensure that the amount of financial support provided by
the SPL as at the date of execution of this Agreement will neither increase
nor decrease by virtue of such amendment to the DC Act.
Municipal Administration Buildings
5.7 The SPL will provide funding to the City for construction and/or upgrades to
municipal administration buildings. Such funding will be calculated and
provided on an SDE b.asis for the first 11,280 SDEs constructed on the SPL
Lands in the fixed amount of $189.00 per SDE. This payment shall be made
for each residential unit on the SPL Lands prior to the issuance of a Building
Permit for the subject unit. Such contributions shall not be subject to any
adjustment, including for indexing, interest or inflation.
Additional Community Use Payment
· 5.8. The SPL will provide funding to the City for additional community uses in
Seaton. Such funding will be calculated and provided on an SDE basis for the
first 11i280 SDEs constructed on the SPL Lands in the fixed amount of
$300.00 per SDE (to a maximum aggregate amount of $3,300,000.00). This
· payment shall be made for each residential unit on the SPL Lands prior to the
issuance of a Building Permit for the subject unit. Such contributions shall
not be subjectto any adjustment, including for indexing, interest or inflation.
DC Exemption for Public and Separate Schools
5.9 The SPL will provide funding to the City in respect of the development of the
SPL Lands in an amount equivalent to the amount by which the City's DC
revenues for Soft Services and Fire are reduced as a result of the exemption
for public and separate schools. Such funding will be calculated based on the
DC rate applicable at the time of payment. This payment shall be made upon
the issuance of a Building Permit for each school on the SPL Lands.
ARTICLE 6
CITY-WIDE DEVELOPMENT CHARGES
6.1 The City has enacted a City-wide DC By-law that includes Seaton in the City-
wide DC for all se-rvices except for new roads or improvements to existing
roads as described in Section 4.4.
6.2 The DCs payable by Seaton in respect of storm drainage and management
works shall be at a rate not to exceed:
10
(a) $400.00 per SDE for residential units;
(b) $6,000.00 per hectare for non-residential development on lands
designated as Prestige Employment Land on the Land Use Plan in the
CPDP; and
(c) $0.17 per square foot for non-residential' development on lands not
designated as Prestige Employment Land on the Land Use Plan in the
CPDP,
subject to adjustment of such amounts on an annual basis in accordance with
the construction price index applied by the City to· its City-wide storm
drainage and management works DC from time to time from the date of this
Agreement until the date such DC is paid.
6.3 Prov.ided that the City-wide DC By-law, or any successor DC By-law, reflects
the terms of Section 6.2, the SPL agree not to object to, appeal or challenge
the City-wide DC By-law, or any successor DC By-law, as they relate to the DC
for storm drainage and management works.
6.4 The City will include in the calculation of the DC for development-related
capital studies in the City-wide DC By-law the capital costs to be incurred by
the City for:
(a) the Whitevale Traffic Management Study to a maximum of
$75,000.00; and
(b) the Seaton Fiscal Impact Peer Review Update Study to a maximum of
$125,000.00.
6.5 The parties acknowledge and agree that for the Lands designated as Prestige
Employment Lands on the Land Use Plan in the CPDP, the City-wide
. Development Charge By-law has used a land area basis as opposed to a total
floor area basis to calculate the applicable Development Charges for such
Lands.
ARTICLE 7
COST SHARING CONDITIONS
7.1 The City agrees that it will be a condition of approval of all plans of
subdivision, consent and plans of condominium that no registration of a plan
of subdivision, conveyance or condominium in Seaton shall be permitted
unless the SLG Trustee confirms in writing to the City that the subject
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landowner is in good standing pursuant to this Agreement and the Seaton
Cost Sharing Agreement.
ARTICLE 8
OTHER MATTERS
8.1 Forthwith upon the OMB issuing an order granting final draft plan approval ·
of its plan of subdivision, draft plan conditions and the zoning by-law
respecting ttie Seaton lands, any individual member in the SPL that has filed
an appeal to the OMB in respect of fees for the processing· of planning
applications that were paid to the City prior to the date of this Agreement or
fees related to the review of the MESPA that were paid to the City prior to
the date of this Agreement will withdraw such appeal:
8.2 The City agrees that the SLG shall not be required to update the Fiscal Impact
Study for Seaton.
8.3 The City will transfer for nominal consideration as the SPL may direct, any
road allowance in Seaton that is currently owned by the City that is to be
used for the Seaton road network or proposed to be used by SPL for
development purposes, whether such road allowance is inside or outside the
Seaton Natural Heritage System.
8.4 The City agrees to transfer to· the Province for nominal consideration
approximately 74 acres of r~ad allowances in Seaton currently owned by the
City but not required for road purposes. Approximately 30 acres of these
road allowances are land to be used by the Province for development
purposes and the other approximately 44 acres are located in the Natural
Heritage System
8.5 Subject to all required approvals, the Province will agree to grant an
irrevocable easement in perpetuity to the City as required for storinwater
management works in the Seaton Natural t-Jeritage System. The precise size
and location of such stormwater management works will be determined by
the agreement of the Province and the City acting reasonably. The City
agrees that it will accept an irrevocable easement in perpetuity to allow the
maintenance of any stormwater management works located in the Seaton
Natural Heritage System on terms satisfactory to the City Solicitor, and will
not require a conveyance of the lands containing such works.
8.6 Subject to all required approvals, the Province, in return for the conveyance
of road allowances set out under Section 8.4 will agree to transfer to the City,
for nominal consideration, not less than approximately 90 acres of land for
municipal .purposes. The land to be transferred is as shown on . the
12
Neighbourhood 21 land Use Schedule (being Schedule XII to the City's
Official Plan) and being generally located north of Hamlet of.Green River and
west of Sideline 32, Schedule "E" is a map showing the approximate location
of the land to be transferred to the City by the Province coloured in green.
The precise area and location of the land will be determined by the
agreement of the Province and the City acting reasonably. The City agrees
that it will pay its proportionate share of the front-ending costs of Regional
infrastructure . (for water and wastewater) attributable to the above
described lands, provided however that the service level with respect to the
above described lands is to be determined by the City, in its sole discretion.
For the purpose of clarification, the City shall not be obligated to pay any
costs referred to in this section unless it connects the above described lands
to a service or services to which those costs relate.
8.7 Subject to all required approvals, the Province, in return for the conveyance
of road allowances set out under Section 8.4 will agree to transfer an
irrevocable easement in perpetuity tq the City, for nominal consideration, of
approximately 10 acres for municipal purposes, on terms to be agreed upon
by the City and the Province acting reasonably. The land to be included in
the above described easement is outlined in red on Schedule 'T' hereto. If
the Province does not obtain all required approvals to convey an easement
as described above then the Province and the City agree to enter into
discussions to provide for the conveyance of all or part of Part 1 on Plan 40R-
25009to the City, however not including any lands that contain historical or
archaeological sites plus any required set-back, subject to the Province
receiving all required approvals, in lieu of the above described easement.
8.8 The parties acknowledge and agree that the lands identified· as Park and
Village Green blocks on the draft plans of subdivision that were submitted to
the OMB at the hearing on Monday, September 9, 2013, the lands identified
as Community Park, Neighbourhood Park and Village Green on the
Neighbourhood Plans for lands in Seaton in respect of which applications for
draft plan approval have not been submitted (provided that such parks shall
reflect the sizes shown on the Neighbourhood Plans) will collectively provide
for sufficient land to fulfill all of the requirements for the conveyance of land
for parks or public recreational purposes pursuant to sections 42 and/or 51.1
of the Planning Act for the development of all lands in Seaton for non-
residential purposes and for residential purposes up to 18,887 SDEs.
Notwithstanding the foregoing, where the Planning Act permits the taking of
further parkland, or cash in lieu thereof, as a result of change of uses or
further intensification, said provisions of the Planning Act shall apply in
respect to residential development beyond the construction of 18,887 SDEs.
13
66
67
8.9 The parties agree that if the Province sells any of its lands within Seaton then
its successor in title is to be treated as an SPL, except as otherwise provided
for herein, and further that all of the funding obligations of the Province set
forth herein will be adjusted accordingly such that all funding obligations
associated with land in Seaton sold by the Province shall be assumed by the
purchaser of such ·land, provided however that the Province's obligation at
Sections 8.6 and 8.7 will not pass to any successor in title. in the event of a
sale by the Province of any of its lands within Seaton, the obligations set out.
in Sections 5.1, 5.7, 5.8 and 5.9 will not apply to any successor in title to the
land sold by the Province.
ARTICLE9
GENERAL PROVISIONS
9.1 This Agreement, the schedules referred to herein constitute the entire
agreement between the parties hereto as relates to the .matters referred to
herein, and supersedes all prior agreements, representations, reports,
recommendations, statements, promises, information, arrangements and
understandings, whether oral or written, express or implied, with respect to
the subject matter of this Agreement. None of the parties hereto shall be
bound by or charged with any oral or written agreements, representations,
reports, recommendations, warranties, statements, promises, information,
arrangements or understandings, as relates to the matters· referred to
herein, not specifically set forth in this Agreement or in the schedules,
documents and instruments to be delivered on or before the execution of
this Agreement. There is no collateral agreement, condition or term
applicable thereto, other than as expressed or referred to herein in writing.
9.2 The parties hereto may only amend this Agreement by further agreement in
writing executed by all parties hereto.
9.3 Any-notices to be given under the terms of this Agreement shall be in writing
and shall be given to the applicable party by personal service or by mailing by
first class mail with postage fully prepaid or by facsimile at the number
herein set forth in Schedule "F" provided that, where mailed, it shall be
deemed to be received on the fifth Business Day foll<;>wing the date of
mailing.
9.4 Time shall be of the essence of this Agreement and every part thereof.
9.5 Nothing herein contained shall be deemed or construed so as to make any of
the parties hereto partners, joint venturers or agents with or of one another.
14
9.6 This Agreement may be executed in counterparts; that is, it shall not be
necessary for all of the parties to have signed the same copy hereof. Signed
copies of any Agreement executed in counterpart shall be forwarded to the
City who shall hold them in escrow, subject to recall, until the City has
received copies signed by all parties hereto. Upon receipt by the City of all
executed counterparts, a binding Agreement shall be constituted among all
the parties hereto and the City shall advise all parties accordingly.
9.7 All references to currency in this agreement shall be references to Canadian
dollars.
9.8 Words importing gender include all genders.
· 9.9 The captions and headings contained herein are for reference only and in no
way affect this Agreement or its interpretation.
9.10 In the event that any date specified or any date contemplated in this
Agreement shall fall upon a day other than a Business Day, then such date
shall be deemed to be the next following Business Day.
9.11 This Agreement shall be construed and enforced in accordance with the laws
of the Province of Ontario and the laws of Canada applicable thereto and
shall be treated in all respects as an Ontario contract.
9.12 The Agreement shall enure to the benefit of and shall be binding upon the
parties and their respective heirs, successors and permitted assigns:
9.13 · Any successor in title to any party included within the SPL shall be bound by
the terms of this Agreement as if it were an original signatory to this
Agreement. Each party comprising the SPL acknowledges that the provisions
of this Agreement run with title to their respective lands within Seaton, and
each party, including the Province, covenants not to sell, transfer or
otherwise alienate any of its lands within Seaton unless the transferee agrees
to. be bound by the terms of this Agreement, providing, however, that this
provision shall not apply to the purchasers of individual lots which are sold
with dwellings erected thereon. Any agreement of purchase and sale
entered into by any party included within 'the SLG shall require that, as a
condition to the completion of the transaction, the purchaser shall execute
an agreement that it shall be bound by the provisions of this Agreement.
15
68
69
9.14 This Agreement shall be registered against title to all lands in Seaton owned
by the SLGforthwith upon its execution by all parties.
9.15 The SLG shall execute such further assurances as may be reasonably
necessary to give effect to this Agreement.
[REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
16
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate
seals under the hands of their duly authorized officers in that behalt and the other
parties have hereunto set their hands and seals as of the day, month and year first
above written.
THE CORPORATION OF THE CITY OF PICKERING
Mayor
Clerk
We have authority to .bind the City.
HER MAJESTY THE QUEEN in right of Ontario
as represented by the Minister of Economic
Development, Employment and Infrastructure as
represented by Ontario Infrastructure and Lands
Corporation
Per:
Name:
Title:
Per:
Name:
Title:
1/We h;:~ve authority to bind the Corporation.
17
· 1133373 ONTARIO INCORPORATED
Per:
Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
LEBOVIC ENTERPRISES LIMITED
Per:
. Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
AFFILIATED REALTY CORPORATION LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
18
71
CHESTERMERE INVESTMENTS LIMITED
Per:
Name:
Title:.
Per:
Name:
Title:
1/We have authority to bind the Corporation.
HUNLEY HOMES LIMITED
Per:
Name:
Title:
Per:
Name:
Title:'
1/We have authority to bind the Corporation.
1350557 ONTARIO LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
19
72
73
ZAVALA DEVELOPMENTS INC.
Per:
Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
ZAVALA DEVELOPMENTS INC., in Trust
Per: .
Per:
Name:
Title:
Name:,
Title:
1/We have authority to bind the Corporation.
MATT AMY (SEATON} LIMITED
Per:
Name:
Title:
Per:
Name:
Title:
1/We have authority to bind the Corporation.
20
WHITE SUN DEVELOPMENTS liMITED
Per:
Name:
Title:
Per:
Name:
Title:
1/YV_e have authority to bind the Corporation.
21
74
75
Schedule "A"
Plan Depicting Ownerships in Seaton
Schedule "B"
Plan Depicting Seaton Phase 1
Schedule "C"
Single Detached Equivalent Unit Factors
Schedule "D-1"
Seaton Internal Road Works
Schedule 11D-2"
Seaton External Road Works
S<;hedule "D-3"
Regional Road Enhancements
Schedule "F"
Map of Park Lands
Schedule "E" ·
Notice Particulars
22
SCHEDULE "C"
SINGLE DETACHED EQUIVALENT UNIT FACTORS
Unit Type SDE Factor
Low Density 1.0
Medium Density 0.793
High Density 0.457
78
SCH~DULE "D-1" -SEATON INTERNAL ROAD WORKS-
Timing Gross Capital Cost
Prj. No. PROJECT (year) Estimate ($)
16 Sideline 24 Oversizing 2018 2,240,000
17 . Sideline 24 Within NHS 2018 2,300,000
18 New Structures for Sideline 24 2018 3,100,000
19 Oversizing E-W Collector-SL 22 and 26 north of Taunton 2024 770,000
20 E-W Collector SL 22 and 26 north ofTaunton with NHS 2024 460,000
21 Structures on E-W Collector north ofTaunton 2024 800,000
New-3 Mulberry Lane Collector-(i.e. Road XI) -930 m 2016 651,000
New-4 Oversizing Fifth Concession Road, Brock Road to SL 16 2015 580,000
22 Oversizing Collector-SL 26 to Whitevale Bypass 2017 1,015,000
23 Collector-SL 26 to White Bypass within NHS 2017 805,000
24 New Structure for Collector-SL 26 to Whitevale Bypass 2017 1,000,000
25 Oversizing E-W Collector-North Rd to Whitevale 2022 2,695,000
26 E-W Collector within NHS 2022 . 1,265,000
27 New Structures for above 2022 8,500,000
28 Oversizing Collector-above road to Whitevale Bypass 2015 630,000
29 Oversizing new road on existing Brock north of 3rd 2015 840,000
Internal Seaton Roads Sub-total 27,651,000
6257991
79
SCHEDULE "D-2"-SEATON EXTERNAL ROAD WORKS
DC Recoverable ·
Gross Benefit to Existing
Prj. Timing Capital Cost /Post Period Capacity
No. Project (year) Estimate % Total Seaton Share
($) ($) (%) ($) (%)
External Roads
1 Sideline 16 (North & South) 2018 3,200,000 . 160;000 5% 3,040,000 95%
2 Valley Farm Rd Intersection 2016 800,000 200,000 25% 600,000 75%
Improvements -2 intersections
including signalization
External Roads Sub-total 4,000,000 360,000 9% 3,640,000 91%
CD 6257691
0
SCHEDULE "D-3" -REGIONAL ROAD ENHANCEMENTS
Prj. Timing Gross Capital Cost
No. Project (year) Estimate ($)
Regional Road Enhancements
9 Sidewalks and Str-eetlighting on Taunton 2018 1,748,000
10 a) Sidewalks and Streetlighting on Brock-from 5th Cone. to 407
2013 608,000
10 b)· Sidewalks and Streetlighting on Brock-from Taunton to 5th Cone.
2017 760,000
11 Sidewalks and Streetlighting on SL22 2018 2,584,000
12 Sidewalks and Streetlighting on SL26 2015 1,368,000
13 Sidewalks and Streetlighting on Whitevale Bypass 2018 2,204,000
14 Sidewalks and Streetlighting ori S Side of Hwy 7 2020 1,159,000
15 Trails on Regional Roads 2018 2,897,500
Regional Roads Enhancements Sub-total 13,328,500
6257691
81
SCHEDULE "E"
NOTICE PARTICULARS
TO THE CITY AS FOLLOWS:
City of Pickering
One The Esplanade.
Pickering ON L1 V 6K7
Facsimile: (905} 420-3534
Attention: . City Solicitor
Attention: City Clerk
TO THE SLG AS FOLLOWS:
North Pickering Community Management Inc.
30 Madras Place
. Brampton, ON L6S 2Z2
Facsimile: (905} 458-9480
Attention: Mr. Andrew Orr
Davies Howe Partners LLP
99 Spadina Avenue, 5th Floor
Toronto ON MSV 3P8
Attention: Mr. Daniel Steinberg and Mr. John Alati
1133373 Ontario Incorporated
c/o Lebovic Enterprises Limited
12045 McCowan Road, Box 1250
Stouffville ON L4A 8A2
Facsimile: (905} 640-7369
Attention: Mr. Lloyd Cherniak
Lebovic Enterprises Limited
12045 McCowan Road, Box 1250
Stouffville 0 N L4A 8A2
Facsimile: (905} 640-7369
Attention: . Mr. Lloyd Cherniak
82
83
with a copy to:
WeirFoulds LLP
4100-66 Wellington Street West
PO Box 35, Toronto-Dominion Centre
Toronto ON M5K 1B7
Facsimile: (416) 365-1876
Attention: Mr. Michael McQuaid
Affiliated Realty Corporation Limited
c/o Masters and Masters
65 Queen Street West, Suite 440
Toronto, ON M5H 2M5
Facsimile: (416) 361-6181
Attention: Mr. Robert Masters and Mr. Russell Masters
Chestermere Investments Limited
c/o Robins, Appleby & Taub LLP
Barristers and Solicitors
120 Adelaide Street West, Suite 2600
Toronto, Ontario M5H 1T1
Facsimile: (416) 868-0306
Attention: Mr. Ronald Appleby
Hunley Homes Limited
c/o Metrus Developments Inc.
1700 Langstaff Road, Suite 2003
Concord ON L4K 3S3
Facsimile: (905) 669-2134
Attention: . Mr. Bruce Fischer
1350557 Ontario Limited
c/o Brookfield Homes
7303 Warden Avenue, Suite 100
Markham ON L3R 5Y6
Facsimile: (905) 477-9001
Attention: Mr. Peter Nesbitt
Zavala Developments Inc.
c/o Metrus Developments Inc.
1700 Langstaff Road, Suite 2003
Concord ON L4K 3S3
Facsimile: (905) 669-2134
Attention: Mr. Bruce Fischer.
Matta my {Seaton) Limited
cfo The Mattamy Development Company
206-140 Renfrew Drive
Markham ON M1X 1Al
Facsimile: (905) 829-7844
Attention: Gary Gregoris
White Sun Developments Limited
4576 Yonge St. ·
Suite 500
Toronto, ON. M2N 6N4
Attention: Mr. Robert Yanowski
with a copy to:
Harris, Sheaffer LLP
Suite 610, 4100 Yonge St. ·
Toronto, ON M2P 2B5
Attention: Mr. Robert Sheaffer
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, ON M5G 2LS
Facsimile: (416) 327-3942
Attention: Mr. Graham Martin, General Manager, Acquisition/Easements
84
85
with a copy to:
Chappell Partners LLP
20 Queen Street West, Suite 33iO
Toronto ON MSH 3R3
Facsimile: . (416) 351-0002
Attention: Mr. David Flynn
86
88
\.
Report CAO 05-13 October 28, 2013
Subject: Seaton -Financial Impacts Agreement Page 2
. .
also anticipated that the FIA will remove the near~term negative cash flow problem
originally identified in the Fiscal Impact Study.
Financial Implications: The development charges which the City is permitted to
collect pursuant to the Development Charges Act are insuffici~nt to fund the
construction of the infrastructure necessary to service Seaton. The City's Fiscal Impact
Study concluded that the development of Seaton through 20~1 would yield a cumulative
surplus of$4.4 million over the cqst of constructing and operating the infrastructure
necessary to service Seaton. This meant that the financial burden of servicing Seaton
had been dealt with. Staff were not satisfied with this result, however, because of the
very long term over which the financiql requirements of Seaton must be met. The Fiscal
Impact Study is, of necessity, a long-term forecast based on estimates_ and assumptions
regarding the City's revenues and expenses through to 2031. Because it is impossible
to be certain of the City-is financial needs over such a long period of time, staff sought
out additional financial support to increase the surplus so as to accommodate possible
future changes to the City's financial position.
Based upon the Fiscal Impact Study prepared for the City by Watson & Associates
Economists Ltd., it is anticipated that the FIA will yield a cumulative surplus to the City
of approximately .$18.5 million as at 2031 over and above the cost of constructing and
-operating the infrastructure necessary to service Seaton. It is also anticipated that the
FIA will remove the near-term negative cash flow· problem originally id~ntified in the
Fiscal Impact Study. · · · ·
Discussion: On April22, 2013, Council authorized staff to conduct
dis~ussions with the Seaton landowners to prepare a Memorandum of Understa'nding to
ensurE? that the development of Seaton does not create ? financial burden on the City,
and to address the financial issues identified in the Fiscal Impact Study. Since then, City
staff have, with the assistance of outsjde legal and economic advisers, engaged in
numerous d·iscussions with the Seaton landowners, concernir:tg the financial impact of
the development of Seaton. · . )
On July 24 arid August 7; 2013, the OMB presided over mediation sessions attended by ·
representativ_es of the City, the Province and the landowners. The m~diation sessions
were required by the OMB to determine if it was possible to reac~ a settlement
concerning tbe finanGial issues arising from the lahdowners' OMB appeals. After the
mediation sessions, the parties negotiated proposed settlement terms regarding the
outstanding financial issues. · ·
On September 3; 2013, City staff a·nd outside solicitor, Quinto Annibale (loopstra Nixon
LLP), updated Council with respect to. the reswlts of the mediation an.d the proposed
settlewent terms. Council approved in principle the settlement terms and authorized
staff to finalize an Agreement ~th the. landowners regarding the financial issues. Since
then, staff have negotiated the terms of that Agreement witli the Seaton land()wners.
_ The Financial Impacts Agreement (the "FIA'') is the result of those neg_otiations. The
Report CAO 05-13 October 28, 2013
Subject: Seaton-Financial.lmpacts Agreement Page 3
draft FlA is included in this report as Attachment 1. The provisions of the draft FIA are
satisfactory to City staff and to the City's outside legal and economic advisors, and
implement the settlement terms agreed to in principle -by Council on September 3.
The key provisions of the FIA are summarized below: ·
Article 4: sets out the obligations of the landowners to design; build and pay for both
the Seaton internal roads network and the enhance.ments to the Regional roads
s-ervicing Seaton. The landowners have also _agreed to fund their share of the cost of
Seaton external road works as they are constructed by the City. B'ecause the
landowners have agreed to pay for the Seaton internal roads. network, they will not be
required to pay roads-related development charges. This exemption from the City's
road-related development charge must be incorporate into the City's Development
· Charge By-laws. ·
Article 5:-sets out the volurita:ry financial contributions which the landowners have
agreed to make. The voluntary contributions consist of: (a) payment of a·"10%
Contribution" to compensate the City for the 10% statutory deduction imposed by the
Development Charges Act, (b) payment of $189 per unit to fund construction or
upgrades of municipal administration buildings, (c) payment of $300 per unit for
additional community uses and (d) an additional payment equal to the amount by which
the City's development charge revenues for soft services and fire services' are reduced
as a result of the exemption in the Development Charges ACt for public and separate
schools.
Article 6: requires the Seaton landowners to pay the City-wide development charge for
all services except new roads or improvements to' existing roads (per Article 4 above).
In addition to constructing at their own expense the storm water management ponds
and facilities required to service Seaton, the landowners have agreed to pay the city-
wide: development charge for stqrm drainage and managementworks. The
development charges payable by the landowners for storm drainage and management
works are fixed in the FIA subject to indexing for inflation.
Article 9: contains general contract provisions which require that the FIA be registered
against title to the Seaton lands and that it be binding upon the landowners' successors
in title.
Attachments:
1. Draft Financial Impacts Agreement .
89
ATTA'-...-tENT# I TO REPORT# CAD
FINANCIAL IMPACTS AGREEMENT"
j .of. drs-o~>-t3 SEATON LANDOWNERS GROUP AND CITY OF PICKERING
THIS AGREEMENT is made this+ day of+, 2013. ,
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter referred to as the "City'')
OF THE FIRST PART
and
HER MAJESTY THE QUEEN in Right of Ontario
as represented by the Minister of Infrastructure
as represented by Ontario Infrastructure and Lands Corporation
(hereinafter referred to as the "Province"}
RECITALS:
OF THE SECOND PART
and
1133373 ONTARIO INCORPORATED,
LEBOVIC ENTERPRISES LIMITED,
AFFILIATED REALTY CORPORATION LIMITED,
CHESTERMERE INVESTMENTS LIMITED,
HUNLEY HOMES LIMITED,
1350557 ONTARIO LIMITED,
ZAVALA DEVELOPMENTS INC.,
ZAVALA DEVELOPMENTS INC., in· Trust,
. MATT AMY {SEATON} LIMITED, and
WHITE SUN DEVELOPMENTS LIMITED
(hereinafter collectively referred to as the "SPL")
OFTHETHIRD PART
A. The Province and the SPL (individually} are owners of land in the City of
Pickering in the Regional Municipality of Durham in the Province of Ontario
that is located in an area known as the "Seaton Community" or ''Seaton", as
depicted on Schedule "A" (the "Lands").
B. The .Seaton Community is a development area ·subject to the Central
Pickering Development Plan, which was prepared and approved by the
Minister ot'Municipal Affairs and Housing pursuant to the Ontario Planning
and Development Act, 1994, ~.0. 1994, c. 23, and came into effect by
Provincial Order-in-Council dated May 3, 2006, and amended·on June 6, 2012
~e~D~ · -
C. The Province and the SPL are collectively referred to as the ''SLG".
' ·D. The City and the SLG have entered into this Agreement for the purpose of
confirming arrangements pertainfng to the financing and construction of City
infrastructure and other related matters affecting the development of the
Seaton Community.
91
92
E.
A.-' -1-fMENT#-=--/_TQ REPORT#c_.b(O
.· ~ .of. as-
The City was authorized by Council to execute this Agreement on October 28,
2013.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the PARTIES HEREBY COVENANT AND AGREE as follows;
Definitions
ARTICLE 1
INTERPRETATION
· 1.1 In this Agreement and the attached Schedules, -the following words and
expressions have the following meanings:
(a) "10% Contribution" has the meaning described, in Section 5.1.
(b)
(c)
(d)
. (e)
"Building Permit" means a building pe~:mit issued pursuant to the
Building Code Act, 1992, S.O. 1992, r;:{ii3}i'as amended, .revised or
consolidated from time to time am;l_:{~~)f~guiations thereto, and any
successor legislation. ,1;i~:\[~:'i;'?')i~{\.,,
"Business Day" means a day:b'i'~~r-thah SatJfd~y, Sunday or statutory ~~~~~~~~ii~~~~tt:=c:~~:~;~~he0:n~~
City, including Seat6h, al1tl'Which comeflnto effect in 2014. .
. ··"'';;f,:.~<•.. 't{j;-;,. '"'!''';~f[i!{:ii'l'''o . '{\:i]r,~,i
(f) "C.PP~lti~~:J;he meaning .9escr.ib¢oiJhJ~~cital 'B./'
(g) t~~:'fleo""~l~*f~ '~1'1!?
.-.)h)..'~-,,,,,_., "DC" 'rr(~~11~i~::g~y:~lPP.!J:lent ch:~:[~e" as that term is used in the DC Act .
.. :•1~~~t~it=t;;;,;~~~i~f:~~~~~t~~k-~.. . '~:::::::I:%f~}~~~~r • :•· .•.:•:~tf~~~~;:i~~i~~r ~:tt.J
.,('\iii· (i) "Dt<'Act" nieans the Develd.ff,meilt Charges Act, 1997, s.o. 1997, c. 27, ·:~·:'tii;.. as -~iffi~hde£''''P~vised or ~bh~oiidated from time to time and the
'''i!f;·h'>· regulaii'~~~!~~~e;~W(~ZJtd any successo~ legislation. .
(j)''·.:'~':;<'DC By-lawfmeans a by-law to impose DCs passed pursuant to the
';>Q~ Act and~e~~cted by C-ouncil. -
(k) ::J~~'M;l:~g~~eans the Master Environmental Servici~g Plan
Amen2fffi'ent dated July 2013 as required by Policy 1 of Section 4.6
Servicing of the CPDP and as filed with the City in July 2013.
(I) "NFSSRs" means the Neighbourhood Functional Servicing and
Stormwater Reports as required by Section 11.73 of Amendment No.
22 to the City's Official Plan.
(m) _"OMB" means the Ontario Municipai-Bo?rd.
(n) "Region" means the Regional Municipality of Durham.
{o) ''Regional Road Enhancements" means the sidewalk, sti-eetlighting
and trail works listed in Schedule "D-3", being works related to
specific Regional roads internal to Seaton, as well. as the proposed
extension of Rossland Road/Sl22 from Brock Road to the south limit
of, Seaton (located external to Seaton).
ATIACHMENT#----~/--T~UK I if CAD .
,of. a-.s os--/3
(p) 11SDE" means a single detached equivalent unit.
(q) · 11Seaton" and 11Seaton Community" have the meanings described in
Recital A.
(r) 11Seaton Cost Sharing Agreement" means the agreement of the ~a me
name dated July 18, 2007 entered into amongst members oftheSLG
for the purpose of co-ordinating responsibilities related to dedication
of land and construction of infrastructure in order to' facilitate the
development of the Seaton Community, as amended1 restated or
replaced from time to time.
(s) 11Seaton External Road Works" means the City roads external to
Seaton and associated road works listed. in Schedule //D-2".
(t)
(u)
(vl
(w)
(x)
"Seaton Internal Road Works" means the City ·roads internal to
Seaton and associated road works listed in-Schedule uD-1".
"Seaton Natural' Heritage Systern'f~~j~~.f:s the Natural Heritage
System located within Seaton ,~,9gJ'if~~~f}:9,ed in City Official Plan
Amendment No. 22. ~·· ~~; ·:;;-:·> ·':~)\ .. ·1~;~~J{ ~ '·?~~~~j~~;;;~> . .
"Seaton Phase 1" meqiT.s'~;the first ph,ase of'·(!~yelopment of the
Seaton Community, as d~p1'§i~.d on Schedule "B". '''<t;.l_
· (.,~~Wj}~_;_. ..A·~~k:... ·-:::<~~:·r·-~
"Seaton Share"-refers to the ··pftiRortfO'f{';'bf the total a'rriount of any i~:~::-!:-:~··.; . .,. • -~,.;:;:,;~:::;.:;:~:;f::::~:·' ' '•.!J-:·i;;
cost related to~~;'t~;~.i'-~-~aton Extetij~l:'Road Works that is payable
pursuant to the "t~f{f\V§fx~Dis Agree'M.~nt by the SLG, in accordance
with the percentages,set ·aufin Schedule.:;:D,-.2". _,·%'-"~~D4:· ,, \(~:~},-:. . ., ::•::t~.j jl;:b\:,,._ -~~\t~i<1,_
11~l.§~S~iri~~jl?,. the SPL ~.Q.cl th .•. ~viQ¢.~.:~nd irii:ludes their respective :s9~~~~sors:'f~~!~ding sJ~p'e m tftfi'tP.,.the Lands, and permitted
,JO;:\Ytfil!~:~~~J~~49~'t":~~~ces thot "e, " of the dote of this
,._;;:;,~$~~:' ' ·· · ·-~'Agt.eement{~.~l,l_bject t0tl:j~,i1Q%:deduction under Section 5(1)8 of the 'if~~'(~L, ~::;il\tl:~1~li~iog ::bed on poge 1 of this Agceement ond
· '.::::;;, includes tR~i,succes;'C5"fs, including successo~s in title to Lands owned
--~'·!(;py the SPL)~'k of the date of this Agreement (the 11SPL Lands"), and
-~~[P)ittecd~ik1gns of every corporation, partnership or other legal pe'f~~2~{~fPPrising the SPL
(aa) 11SSIS'1 means the Seaton Staged S~rvidng and lmpl~mentation
Strategy dated December 2011, revised May 2013.
Schedules
1.2 The schedules referred to in this Agree.ment, as same may be amended from·
time to time by further agreement of the parties in accordance with the
principles contained in this Agreement, shall be deemed to form part hereof.
The schedl1les to this Agreement are as follows: '
Schedule 11A''
Schedule_11B"
Schedule IIC'
Schedule 11D-1''
Schedule 11D-2"
Schedule 11D-3"
Plan Depicting Ownerships in Seaton
Plan Depicting Seaton Phase 1_
Single Detached Equivalent Unit Factors
Seaton Internal Road Works
Seaton External Road Works
Regional Road Enhancements
93
94
Schedule "E"
AlTAl
Notij:e Particulars
ARTICLE 2
CONDITIONS PRECEDENT
.;NT# I TO REPORT# ~ y-.of. 8--~ os---t3
2-.1 Subject to Section 2.3, the covenants of the SLG as set out in Article 4 and
Article 5 are subject to the following conditions precedent first being
ac~·ieved by the following dates indicated:
(a)
(b)
. (c)
(d)
(e)
On or before October 31, 2013, the City will provide evidence to the
OMB supporting the final approval of the draft· plans of subdivision,
draft plan conditions, and zoning by-law for. the Seaton lands,
together with a request that the OMB. issue an order granting final
approval of such plans of· subdivision, draft pla11 conditions and
zoning by-law by October 31, 2013 or as soon as reasonably
practicable thereafter; .. d)j:!f%t
On or before June 30, 2014, the Cou6.€\f~fthe City shall have enacted
:: :::~:: ::n:~:~~O!§i~~;!,:~i~~ttQ~ta;n,d oil "q"k'd
approvals with regards .d~Hfie terms of this ·A~f:~~ment, including
transfers and conveyanceti!f~rred to in Sections i~'~t~:hfl 8.5;
on or before J~/,~t~9· 2014,·:~~,~~:h:~,D_~;'f~~ Province ~~~~?,~xecuted a
binding agreerri~n:f;o:t~greements·wJijch are in force providing for the . '.;.::;~~;\ ·.:_:;:.7_~;;:_;:_,:.. . • "'·~::·~~g:... sharing of costs t6.!:>_e'inc;vrred pursuanf:tQ this Agreement; and On_.8[dt$~t~:e jun:~~2i:~::'~;~J?~t~~~;~~;;,":!~~~~g2t ~nding agreements
re_Mj[.€i'd tg;,;j:~? enterei:fj()to b~ty.;ieeij'tb.e Region and the SLG for the .,~:;::,;..;~~n-·t-·O:;,·::.;;l-J~· ·~ .~:;:·.;... . .. ·;::::.0:.t~~7 ':;~~~: ~~-~-;-;':/:: ... '9,~g~lopmen(p\~,seaton ·p·%~~i}-;to the :Sa~,isfaction of the Region and
the~k~· have',8,~en fully ex¢.,s8ted .
... --.~·\r.,.~~-, ·~;:~~fJ.~~h; .. .;~~~}lNifi~~:.::;~,:~~-, · -.;;_~f~t~:~ .
2.2 .~.-~@Ib.~:::j:i.~,!);jes agr~~)t<;l~Wofk::~'l,~l:lg:~~tly';~n£! in good faith and to do all things c:iif:~:!:W~'tea~oWi36f.~w£ces'§'~~to satisiY''lfi~:i:;gdR'ditions precedent set out in Section
'<tJ.\ .. 2.1 on or befgt~,the ·d~t~~ provided for therein. -:-:~::~w;~?:~~ ·-~::%~~~}i~~}:.:... 'i;~~~~i.Y-.
2.3 ·nn\the event that:any of tne\conditions precedent described in Section 2.1 -~:::~::,::~'~!.-·. ·-:~-::';::; "..(.-:;.~ .
2.4
has:fnot been achieved on or'before the dates provided for therein, then the -:..t.i-;::?.~-. ~~;f·-~:~:. ' •
SLG sh~I,t~ave the,~gJ;e discretion to extend the time for the fulfillment of any
such co'Ht@_qn by;P.:t:9viding written notice to the City from the SLG Trustee.
. ·~~:!~~~~~{:~_:fJ.=~i{:~~J '.
If any of the<cqnditions precedent described in Section 2.1 have not been
achieved on or before the date provided for therein and the SLG has not,
prior to such date, provided the City with notice of an extension as described
in Section 2.3, then, as of such applicable date, this Agreement shall
immediately terminate and be at an end, and each party shall be wholly
released and forever discharged from all covenants and. requirements
provided for herein ..
2.5 The SLG shall not be entitled to waive conditio.ns 2.1(c), (d) and (e) without
the City's consent. -
2.6 The zoning by-law referred to at S,ection 2.1(a) shall not contain a11y holdi,ng
provisions i11-relation to the financial issues.
Al.I"\CHMENT#_._(_TQ REPORT#(},AD
S .of. :;:;--s--CG ~;~
3.1
ARTICLE 3
SEATON PHASE 1
The City agrees that Seaton Phase 1 will be comprised of the area depicted
on Schedule ,B" and will be subject to a maximum total residential unit count
of 9,800 SDEs as well as the lands designated Pres:tige Employment pursuant
to the CPDP as depicted on Draft Pian of Subdivision SP-2011-03. ·The parties
agree that the Single Detached Equivalent Unit Factors set out in Scheduie
11C" shall be used .to calculate the number of SOEs within any development in
Seaton.
3.2 Where payments are made oh an SDE basis pursuant to this Agreement, the
am.ount payable for each dwelling unit will be calculated based on unit type
in accordance with the SDE unit factors set out in Schedule.11C".
3.3 The City acknowledges that it is satisfied .J@~~~;~~d accepts the SSIS in
principle as submitted by the SLG, dated D$f~J.;Q)?,er 2011, revised May 2013.
. . '~f~Wy· .. ,,\~\~> .·. . . ARTICLE;4 ·· .. ,, ,.,.
ROADS AND EN·H··'''A<·::-:N'''''c;. EMENTS '·<>:· -:·~:::;;·::: ~UNDING A~~l~~~~STRUCTI~N ·;:\~Jjj:;~i\;!\.
SLG funding and construc;tion of Seaton lnte[iJ,9,1 Roaf!}Xgrks ·:,::~;>
::d "'~::a:,:·:~~:·~~::1t\Wk~~' ::*~{f:: <ole "''"":~d to the
s'atisfaction · of the City, t~~ s-ei'af§:r.:r,,)rlternar<;aq?d Works· as set out in
Schedule 110.;;-l/,1~;,, The SLG ·w:fll also ··=a~s( n .. and eti'fiStruct a·t the SLG' s sole . ·expense.;{:~~)~g'~'fR~,:~.?.tisfacti6f{}gf t~~,:::~· .,??tf.t~:;8,~gldg~l Road Enhancements
as set ~ti£?}'i-t SchecrlJ'l~., 11D-3". :·sqcJ:ff.YJor s wrft'!generally be constructed as adjacent1:'a'~y€;lopmJ[t proceed~t'~\W,ith defaih~d requirements respecting
. .-;;/.'.""!: l·.·,r;~.·· ·.-.%~.-;·
. c.l~~,ign and''c-0..9.~~ry¢J[gp;-, jndudiniftti,rning, set out in future servicing or· A:f~i1i.t$~~lfiY!~:t1it~~-~~:~:~~~~'5gtW~~~ttl%:;, .. ~u~ and the City.
SL.Cl.J~nding for Seatfjg:fxtef~~!.J!oad WorkS
4.~ ''%:~fh~. SLG will ;';~~:9,,~ f~·~i~lWg,1o the City for the Seaton Share of the Seaton
E;k't~}nal Road Wo~@., as the--Cvorks are desig('led and constructed by the City,
in a'El~r~ance wi~ltf~nvoices or progress certificates approved by the City Direct;f1~Ji}"~n~!_~~f,~ing and Public Works, provided· that the maximu~
contributioh\{,~$Wfed to be made by the SLG, in the aggregate, for the
Seaton Extern'a'i'''Road Works shall be capped at the amount equal to the
estimated cost. of $3,640,000.00 attributed to the subject proj'ects as set out
in Schedule ,D-2", subject to adjustment of the unpaid balance compounded
on an annual basis in accordance with the lesser of: (i) the construction price
index applied by the City to its City-wide DC for roads from time to time, and
(ii) an annual index rate of 10%, from the date of this Agreement until the
date of payment. The parties agree that the Province's share of the Seaton
Share of such costs shall not exceed $1,723,540 subject to the indexing ·
described above. For greater certainty, the -SLG will not be responsible for
the component of the capital costs of the Seaton External Road Works
attributable to "Benefit to Existing/Post Period Benefit" as shown in Schedule
"D-2".
4.3 . The City will be responsible for the capital costs of the Seat0n External Road
Works attributable to exemptions from the payment of DCs in respect of
schools and City and Regional facilities. Prior to the issuance of a Building
95
96
f\1 IJ-\LniVII:I'\11 tt I ·~· V'l\1 ..... c~
(p . . ;Of. 3-S · 05:-(Q
Permit for any school or any City or Regional facility that would be exempt r . from the payment of DCs pursuant to the DC Act, the City shall pay to the
SLG Trustee (for distribution to the SLG} an amount equal to the share of
such costs attributable to such school, or City or Regional facility; calculated
· in a manner co'nsistent with the manner in which the attribution of costs
·.would be determined in the background study for the calculation of DCs.
Exemption of Seaton from Roads DC
4.4 No DCs relating to new roads or improvements to existing roads, will be
imposed by the City:
(a} against any non-residential uses in Seaton until development of
18,050,000 square feet GFA of non-residential development in
Seaton; or
(b) against any residential uses until resideQ_):ial development of '18,887
SDEs i~ Seaton. ,:tift~£f:fP ·
For greater certainty, any DC By-law ena,~!i~;~6V1ib.~ City shall exempt Se.aton
from the payment of any DC relating h>''.new 'lB~·d.~ or improvements to
existing roads (including related_~;iliffgstructure ,sJ2'~>?s sidewalks., trails,
streetscaping, streetlighting, sigl):ia[iz'l3tion and 1Tlanage'i4)'¢.nt of stormwater
within roads}, provided that a ot3"'r~l~ting to c~p!tal cost~1~J-Jransportation
. facilities, operations, vehicles and eqtffRment rn~Y.:capply to Seatgp, ~·:::~ ::~~:~ f\ • ~:-~{{~~~:i~J:{~t~1f~wr· -~-~t:~t~~;
4.5 In the event that, for:i.'iny, reason, th~.\qty imposes a DC By-law in
contravention of ·Sectid~~J;4}1,~tb~.n the Ci'f~;~:\~hall, . upon any receipt of
payment of any DC paid pGf,~ttant'to;§_.H~.b_DC By4~¥¥1..forthwith reimburse th~
full amount-P.aidto·such owni'it.of lan8S''in'Seaton.'':~t\ ,;;;1.fl~~t~~:,,,{f~J~!~,_ . . ,~~T!¢.,t~r~~:;,''%1{1:;:i{) ·=·(!· ~~r~~~m~~;,{~,~~;;;~~:~;UTIONS
s'.(tJ:':_ The SPL will p·f:Rvide·f~i:}.e!ng to the-ct-i:y in respect of the development of the
·<n.:,;.SPL Lands in··~W':'?mount~~quivalent to the amount by which the City's DC is '\?~~~yced as a r~t9l,t,of th·~:·,:t~ro reduction in the ·capital costs funded by the
DC~:that is attributable to the development of the SPL Lands pursuant to. par~~~~-ph 5(1)8 ~f{}he DC Act, calculated and paid in accordance with '-.}·-~d{. .-X·-~-..~~ . Sections'Si2.to S.S'helow (the "10% Contribution"}. ···t~;~~n~:~~~--r~y~:r· .
5.2 The 10% Co'iltriPution will be determined based on 11.11% of the Des
payable on Soft Services by SPL under the City-wide DC By-law.
5.3 The 10% Contribution will be determined prior to the registration of the first
! plan of subdivisio~ on the SPL Lands based on the calculations-in the
-b'ackground study for. the first DC By-law review undertaken by the City
following the date of this· Agreement. The 10% Contribution will be indexed
from time to time in accordance with the construction price index prescribed
by the DC Act, but shall not be subject to ·any other increase or adjustment.
5.4; The 10% Contribution will be calculated and payable on the following basis:
(a) calculated on an SDE basis and payable at the time of plan ·of
subdivision registration for residential development on the SPL Lands,
except for residential develqpment on mixed~use or multi-residential
development blocks subject to site plan a:pproval under section 41 of
the Planning Act;
ATTACHMENT#-+-f-T~PQRT# C.AO
f '")~ . ""7 .o. (] .:J os-t::;
. 5.5
(b) calculated on an SDE basis and payable at the time of building permit
issuance for all residential development on the SPL Lands within a
mixed-use or multi-residential development block subject to site plan
approval under section 41 of the Planning Act;
(c) calculated on a gross floor area basis and payable at the time of
Building Permit issuance for all non-residential development on the
SPL Lands; and
(d) it. shall continueto be indexed and paid following expiry or repeal of
the City-yv-ide DC By-law until full build-out of all of the non-
residential development on the SPL Lands and development of the
first 11,280 SDEs constructed on the SPL Lands. ·
The Province will not provide any" contribution to the City on account of the
· 10% Contribution.
. .-~~~§~3I~~ .
5.6 In the event of any substantial amendment toifie'(DC Act subsequent to the
execution of this Agr~~ment, the SPL an..9[!E%'"'city agree that they s.hall
renegotiate the applicable terms of t~I~1$tr~gfu_~pt in good faith to the
extent necessary to ensure that the .?fugil'i'it of firia'6;~!?l support provided by .
the SPL as at the date of executjpf('J5'f"this Agreem~kf}wjll neither increase
nor decrease by vi(l:ue of such an}~~:a~ent to the DC A~F'Ct~·:
:;•id:.A::1::~::·d:~w;~ !R ,~!~t~t~!:uctioo ,::~;'~~,,d., to
municipal administratio;ff:l}tioTi'dings. Such ·%'hding will be calculated and . ::~·~::. -~:::-.~.~<.;:!;::;"'-! ··.i:?.f~~:;:. \ provided ~m an SDE basis·': for. the'·fi.r.$.t) .. 1,280 Si;?s? .. constructed on the SPL
Lands in theJixed amount tii<$189.oBi·Jj~r~SDE. -fhil='payment shall be made .{.;~;~;~~~:f:~~~~;:~~~\.. . \:;::~·::'. . .;/::!-~1(::~;~~~~%~:·;~ .. -'--'·'!;:j/~ • • . for eacf:l . .r.e~Jdenti?L"Umt on the<~PL La,n(is pr~;grJc:> the 1ssuance of a BUJldmg s:.~··::.r: ••. :-:;.~·· • ... ::-·+~ ·F· ·.:.:;:: :!,··.. .; .:;::~· 1;:.. ~· l ·l: -~~.;c.r:::'·· . Permit'f9.:f!:the subje@,.unit. Sti{h)f.f:ilitributions>shall not be subject to any adjustmeRtJ~(Qcluding{6r indexing';::Ji.}terest or inflation. ~:J!W:&fQ~i~~f~~Ktql;\~;::~1
5~8>,,._ The SPL Wili.;P,r!?,vide {Yr.,9ing to tne·· City for additional community ·uses in
, \·+\seaton. Sucti''f'J'nding VJtlibe calculated and provided on an SDE basis for the
-·,;fifst 11,280 SDEg~f~nstrua~d'on the SPL Lands in the fixed amount of 300.00 -.~·· •• ;..:;._ ;.-.;~ • .:>:'r. ,,;;
pef:\SDJ (to a maxlffi:um aggregate amount of $3,300,000.00). This payment shali"b~:made for ~'ifh residential unit on the SPL Lands prior to the issuance
of a B~faing Petrhtf' for the subject unit. Such contributions shall not be
subject to,~'iiVJ.fa.fJ~tment, includin~ for indexing, interest or' inflation. {;~;~{~~~
DC Exemption for Public and Separate Schools
5.9 The SPL will provide funding to the City in respect of the development of the
SPL Lands in an amount equivalent to the amount by which the City's DC
revenues for Soft Services and Fire are reduced as a result of the exemption
for public and separate schools. Such funding will be calculated based on the
DC rate applicable at the time of payment. This· payment shall be made upof'!
the issuance of a Building Permit for each school on the SPL Lands.
ARTICLES
CITY-WIDE DEVELOPMENT CHARGES
6.1 The City shall, on or before June 30, 2014, enact a City-wide DC By-law that
includes Seaton in the City-wide DC for all services except for new roads or
improvements to existirig'roads as described in Section 4.4.
97
98
6.2 The DCs payable by Seaton in respect. of sto'rm drainage and management
6.3
6.4
· works shall be at a rate not to exceed:
(a)· $400.00 per SDE for residential units;
(b) · $6,000.00 per hectare for non-residential development on lands
designated as Prestige Employment Land on the Land Use Plan in the
CPDP; and
(c) $0.17 per square foot for non-residential development on lands not
designated as Pre.stige Employment Land on the Land Use Plan in the
CPDP,
subject to adjustment of such amounts on an annual basis in accordance with
the construction price index applied by the City to its City-wide storm
drainage and management works DC from time to time from the date of this
:::::::::~~:::,:~':::;:,::,d~r,,w1(l.,,or DC By-low, refleru
the terms of Section 6.2, the SPL agree n6fto''OJ5j~q: to, appeal or challenge . #~:::.~}·:';:.' ·--:-.-,);~:}: .
the City-wide DC By-law, or any succ~ss.orDC By-laW}~s they relate to the DC
for storm drainage and managen:!t~r~grks. ""''f\i't:;,,.,,
The City. will include in the cai~\W~~ipn of the DC for d~0;~:\ppment-related
capital studies in the City-wide Dc.svi@.yv th~,fi~pjtal costs -t·g~~~.Jncurred by
;:;Ci~~~;::::~:~~::~~;~~~::~~~ W o ~~:mum of
(b) tb§;c§.~:atcH}'!fJscal1m"past:cPeerJ~¢¥,Fi~'.l;Jp_date:Study to a maximum of
. ,~,~~{~~oo.ocn~~i~· 'l~:~~'ii:~W~P . ·.;\ti~~i~~, · . .
6.5 The ProvincE¥1~grees,lti$\J~ will not{2J.liect to any City· DCs being calculated
,,,:;:~;~~:&:.~~.~eJ}.:d ;A1%~M~.if:~n;~.:;R,~.;!~: as'''~posed to a total floor area basis, for
.:(;~;It/rion::reSi~ntial de)li¥!.9pmerifcfriJhe lands designated Prestige Employment :,:; t-:~:;~.:-:•::· . ""..-;::;;-;;!;::,:::,., '~.::~~~;;:;;.. • ··-~-:.:--·:::.'{'!:· :::.;;;,:y~ Land on tlie:l.:'and Use::Plan m the CPDP. '{q~;,~fC& 'f~\,::~~~~~~;NDITIONS . .
7.1 The City;,(9.grees Jb~t it will be a condition of approval of all plans of subdivisid'h'}f:F.o.P~~·~tand plans of condominium that no registration of a plan ·
of subdivisldh}~t~i6~veyance or condominium in Seaton shall be permitted
unless the SLG. Trustee confirms in writing to the. City thaf the subject
landowner is in good standing pursuant to this Agreement and the Seaton
Cost Shar!ng Agreement.
. ARTICLE 8
OTHER MATTERS
8.1 Forthwith upon the OMB issuing an order granting final draft plan approval
of its plan of subdivision, draft plan conditions .and the zoning by-law
· respecting the Seaton lands, any individual member in the SPL that has filed
an appeal to the OMB in respect of fees for the processing of planning
applications that were paid to the City prior to the date of this Agreement or
fees related to the review of the MESPA that were paid to the City prior to
the date of this Agreement will withdraw such appeal.
( ' ATIAO-,T# I TOREPORT#CAV.
Cj d.--
8.2 The City agrees that the SLG shall not be required to update the'Fisca?fmpac? OS ~( 3
8.3
Study for Seaton.
The City will trqnsfer for nominal consideration as the SLG may direct, any
road allowance in Seaton that is currently owned by the City that is to be
used for the Seaton road network or proposed to be used by SLG for
development purposes, whetht;r such road allowance is inside or outside the
Seaton Natural Heritage System, provided however that if such land lies
within developable land owned by the Province such _land will be transferred
to the Province. ·
8.4 Subject to all required approvals, the Province will agree to convey lands or
transfer an easement to the City as required for stbrmwater management
works in the Seaton Natural Heritage System. The precise size and' location of
such stormwater managem~nt works will be determined by the agreement
of the Province and the City, acting reasonably. The City agrees that it will
accept an irrevocable easement in perpetuity ~qJ~!Iow the maintenance of
any stormwater management works locateqj~~[!'h~· Seaton Natural Heritage
System· on terms satisfactory to the Cit;y'{§§ij~-i:t_:pr, and will not require a
conveyance of the lands containing Sl!!=l{@b'~ks:''~'.f.ut;! decision as to whether
such lands will be conveyed or an ea'tfm~nt will g~1'fi'ted will be determined
by the Province, and in either c;?&.~'!~Hi ·be subject t6t{~U;f!':quired ·approvals
being granted. ':-~i'i*f\~~i'<;,,, .at,,, '':{~j~4~~jt1:::,. ·
8.5 Subject to all required y~pprovals, the:frSJ.ViR£~A»ill agree to tf~~?,.fer to the
City, for nominal const~i~&,tJR,~, land for:~~:~J~}i'kt Park, located a'r~hown on
the Neighbourhood 21 Tand:Use Schedule'(being Schedule XII to the City's
Official Plan) an·d·being ~&~;~r';M~{l~;t~d.nort'ii:~f:·:~,amlet of Green River and
west of Sidel.i,U~}2,-having"'~harea·$ti:h~q.t!ess tli'~q.:;;I;,OO acres but not more
.:\-3:~:r::;-;.~;;>-; .•• , ·~::-.::,·:. 1 •• ~~-::::r:z.;,:;.:~··· -..:.;.:: .. -·:;;,. than 12Q.:ciqr,¢s.Mr~!=and clear(t;JJ all'liem/Cll)d·.~ncurnbrances not acceptable
to the:t61W:;:··· Th~Ehr~cise si~~J:~n91;f(6't~ti-6W~~:f.i,the District Park will b.e
determfW'~lQY the ag~~~:ment oHfi~?f!'rovince an.cl'the City acting reasonably.
The City a-[ifg~s thadfiwill pay it§;1?'roportionate share of the front-ending o::i~1iSS~~~tRL~egi~W~i::'tDf~~~f]iJ~H~&,,{foi~~ter and wastewater) attributable to
,.Ntf'tliitDistf@:J~ark falii:J.?, providea.::tJ.pwe\/e'r that the service level with respect
.,..· ..• ,.,_. ;'• '·'" I "~·-~ "'·~;;;.. ··;:,.•.· .. ~·f., I • .-:!f.',.,:t:-:r,;,
·;;::;:;,,,,, to the Distriq;;r,,~rk is<t,@;;~~~ determined by the City, in its sole discretipn. f;or
'<'/:the purpose ofiCiarificatii:ih, the CitY shall not be. obligated to pay any costs ·:;~;f~f~rred to in 'tl'i':ihsecti~H~~~-pless it connects the District Park lands ~o a
s~~~e or servicesftci:.which those costs relate. -
. . --~::~t~%::\~. . .. i~~~ . .
8.6 The parti.~:c,ackg£WJ.edge and. agree that the lands identified as Park and
Village Greef,:\~9"!§£_~5 on the draft plans of subdivision that were submitted to
the OMB at ih'th'earing on Monday, September 9, 2013, the lands identified
as Community Park, Neighbourhood Park and ·Village Green on the
Neighbo'urhood Plans for lands in Seaton in respect of which applications for
draft plan approval have not be submitted (provided that such parks shall
reflect the sizes shown on the Neighbourhood Plans) will collectively provide
for sufficient land to fulfill all of the requirements for the conveyance of land .
for parks or public recreational purposes pursuant to sections 42 and/or 51.1
of the Planning Act for the development of all lands in Seaton for non-
residential purposes and for residential purposes up to 18,887 SDEs:
Notwithstanding the foregoing, where the Planning·Act permits the taking of
further parkland, or cash in lieu thereof, as a result of change of uses or
further intensification, saic:t provisio-ns of the Planning Act shall apply in
respect to residential development beyond the construction of 18,887 SDEs.
99
'1 00
8.7
ATTA" ':NT# / TO REPORT# C4:D
. 0 ....--. . . , . I .of.~ 05..;.13
The parties agree that if the Province sells any of its lands within Seaton then . . · ·
its successor in title is to be treated as an SPL, except as otherwise provided
for herein, and further that all of the funding obligations of the Province set
forth herein will be adjusted accordingly such that all funding obligations
associated with land in Seaton sold by the Province shall be assumed by the
purchaser of such land, p~ovided however t)lat the Province's obligation at
Section 8.5 will not pass to any successor in title. The SPL's obligations at
Sections 5.1, 5.7, 5.8 and 5.9 will not pass to any successor in title if the
_Province sells any of its lands in Seaton.
ARTICLE 9
GENERAL PROVISIONS.
9.1 This Agreement, the schedules referred to herein constitute the entire
agreement 'between the parties hereto as relates to the matters referred to
herein, and supersedes all prior agreements, representations, reports,
recommendations, statements, promises, infgfffi:~tion, arrangements and
understandings, whether oral or written, exP.~~I$.'!:6r implied, with respect to
the subject matter of this Agreement. No'fi@~6f.tl1e parties hereto shall be .• :·~~ :;-:.<i;.f?-' ~ ..... ;.:i:.-~,-
bound by or charged with any oral or. VJtif.fen agf~~-ments, representations,
reports, recommendations, warral')~i@}>statemen~t*f1r.omises, information,
arrangements or .understandings;'t~f''~elates to th~\~fha.tters referred to .;-,., .•. ·.:~,;;,-·~:•t.:-!t:;-. herein, not specific;:~lly set forth;::)!). this Agreement or·~n:O,,the schedules,
• • ·-·1_.::-'.;.'{, -:.,;;~:«.-:~ documents and instruments to be···aelivered on·or before 'tne;:execution of • ·. :-:.-:~~:..:_::. .. , ,.!?i:iH~--.. -:::;::?~;~.'} this Agreement. There is no collate'~al .agf€£ment, condition .. or term -:ll~*;~--. -:a~~:l~:.:}:£~~~,::·· ·,~~~; · applicable thereto, other:!than as expressed:otr'eferred to herein if{ writing. ·--~~lf{::~;-~-~}~J~~~~-, -~·~t~~:~;~~:--, -
9.2 The parties hereto may o~iy a'rnlffi'(!.,,!bis Agre'~fD~I!t by further agreement in
writing e:.;jrtf.;~1~~~;,.~'' partr::.·. , er~iti~~r~JW*0t~L~, ... ,·<fi~~~~Ii· ·
9.3 Any IJO~i.f~~'to be'gigtg under tQ,,.,,,}$~.@~'bf this:~~;eement shall be in writing
andshall.f?~?iven to·'f~£! applicab!_~j:eahy by persohal service or by mailing by
first class "mail .. with :p·ostage fully;. prepaid or by facsimile at the number -v.-;.~:::-':.;-'}.!>.·,t;y·:<""·..-.. • •• ,;,>:"':,
:>l:lt=r.eixqet foft~· '.in:·.s9heou!~.,:J" pr\'J:vtded that, where mailed, it shall be ~1t:~!:~kl%r~~}•:~F'~l~:'fu~tlliu;ioe" Day followiog the date of
9.4 '''{Eme shall be oft9;~. essenc~·t~.t this Agreement and every part thereof.
··:·\:~=.t~;~}~. ·-q~&:~~-:~~;···
9.5 NothJ[j·g herein co&t~ined shall be deemed or construed so as to make any of • ~.;t::..;..·."..~. t~}:rfi.~~ . the parties hereto.:p·artners, joint venturers or agents with or of one another. -~:\:~~t~~:~-"{;!:~~:~~~l ' . .
9.6 This Agreem~htFffiay be executed in counterparts; that is, it shall not be
necessary for 'ij'ff' of the parties to have signed the same copy hereof. Signed
copies of any Agreement executed in counterpart shall be forwarded to the
City who shall hold them in escrow, subject to recall, until the City has
received copies signed by all parties hereto. Upon receipt by the City of all
executed counterparts, a binding Agreement shall be constituted among all
the parties hereto and the City shall advise all parties accordingly.
9.7 All references to currency in this agreement shall be references to Canadian
dollars.
· 9:8 Words importing gender include all genders.
9.9 The captions and headings contained herein are for reference only and in no
way affect this Agreement or its interpretation.
\ '
ATTAO. .T# ·1 TO REPORT# CAO
/( ·~
9.10 In the event that any date specified or any date contemplatedot, this 0,5 ~(j
Agreement shall fall upon ·a day other than a Business Day, then such date
shall be deemed to be the next following Business Day.
9.11 · This Agreement shall be construed.and enforced in accordance with the laws
of the Province of Ontario and the laws of Canada applicable thereto and
shall be treated in all respects as an Ontario contract.
9.12 The Agreement shall enure to the benefit of and shall be binding upon the
parties and their respective heirs, successors and permitted assigns.
9.13
9.14
9.15
Any ~uccessor in title to any par;ty included within the SLG shall be bound by
the terms of this Agreement as if it were an original signatory to this
Agreement. Each party comprising the SLG acknowledges that the provisions
of this Agreement run with title to their respective lands withfn Seaton, and
each party, including the Province, covenants not to sell, transfer or
otherwise alienate any of its lands within:seatort:i.fl)less the transferee agrees
to be bound by the terms of this Agreemell~{~rb'tiding, however, that this
provision shall not apply to the purc;hase.r~:~f](~~ividual lots which are sold
with dwelling? ~rected thereon. Any~fggf~e1i\gh! of purchase and sale
entered into by any party includeq ~l!h'ih the s'l&;{$ball require that, as a . . ........... ; '•." _.,., .. _..-~
. condition to the .completion .of th~'f.r~'nsaction, the 'Pii[~.h.as'er shall execute
an agreement that it shall be boSjfdj;y the provisions of th(~:Agreement.
. . . '''T)[f~;;.,, . ,,h, . .,,:{~h.;, .
This Agreement shall be registered ag<J)J!~t t)~!~AP all lands m Se,§t_\)n owned
by the SLG forthwith u,p'(Jb_·its execution'BY';ai(p~hies. ·'!'0 ~~~J{~~1~t~-;~f.:;.;;:. . . ':~::{::~1::}}:. .
The SLG shall execute~:Sudi'·Wu'rther ·assurances as may be reasonably :~~:=j;, • ·· .. ::::;.-..:::·:;;.:;. ·:;:-;-::-·!;!.~~
·necessarY to give effect to t~.i.? Agri~'efii~flJ. ''<i:?i:L,, · ·
. . -~~:~$:: ·-:~~~~~~$.J(.~~-~~. ~·?:~:~1~.~~-
THIS PAy!; L~f[;J?.lANK;~;N,J.ENTIONALLY] . . -~i;~·~1i!J'-"'' -.,,ii:)ii'
•.:;it\~,:::,,
1 01
/. ATIACI. ,._,\IT# TO REPORT# C.A:D.
Schedule"A'' /S .of. ~ 05-13
Plan Depicting Ownerships in Seaton
schedule "B"
Plan Depicting Seaton Phase 1
Schedule "C"
Single Detached Equivalent Unit Factors
Schedule "D-1"
Seaton Internal Road Works
Schedule "D-2"
Seaton External Road Works
105
I I
I I
II
ATTACHM-~NT# I ro REPO.RT# CAD os-_ . ~
· /[{.of.~ /__,
SCHEDULE 11C''
SINGLE DETACHED EQUIVALENT UNIT FACTORS
Unit Type SDE Factor
low Density 1.0
Medium Density 0.793
High Density 0.457
108
ATTACHMENT# /
If .. of.
TO REPORT# 0.AO
~ 00-13
SCHEDULE "D-1" -Sf;A TON INTERNAL ROAD WORKS
liming Gross Capital Cost
Prj. No. PROJECT (year) Estimate($)
16 Sideline 24 Oversizing 2018 2,240,000
17 .. Sideline 24 Within NHS 2018 2,300,000
18 New Structures for Sideline 24 2018 3,100,000
19 Oversizing E-W Collector-SL 22 and 26 north of Taunton .2024 770,000
20 E-W Collector SL 22 and 26 north of Taunton with NHS 2024 460,000
21 Structures on E-W Collector north of Taunton 2024 800,000
New-3 Mulberry Lane Collector-(i.e. Road XI)-930 m 2016 651,000
New-4 Oversizing Fifth Concession Road, Brock Road to SL 16 2015 580,000
22 Oversizing Collector-SL.26 to Whitevale Bypass 2017 1,015,000
23 Collector-SL 26 to White Bypass within NHS 2017 8~5,000
24 New Structure for Collector-SL 26 to Whitevale Bypass 2017 1,000,000
25 Oversizing E-W Collector-North Rd to Whitevale 2022 2,695,000
26 E-W Collector within NHS 2022 1,265,090
27 New Structures for above 2022 8,500,000
28 Oversizing Collector-above road to Whitevale Bypass 2015 630,090
29 Oversizing new road on existing Brock north of 3rd 2015 840,000
Internal Seaton Roads Sub-total 27,651,000
6257691
109
ATIACHMENT# I :ro REPORT# OA-Q d/ .of.~ 05~13
SCHEDULE "D-3" -REGIONAL ROAD ENHANCEMENTS
Prj. Timing' Gross Capital Cost
No. Project (year) · Estimate ($)
Regional Road Enhancements
9 Sidewalks and Streetlighting on Taunton 2018 1,748,000
10 a) Sidewalks and Streetlighting on Brock-from 5th Cone. to 407
2013 608,000.
10b) Sidewalks and Streetlighting on Brock-from Taunton to 5th Cone.
2017 7so;ooo
11 Sidewalks and Streetlighting on SL2~ 2018 2,584,000
12 Sidewalks and Streetlighting on SL26 2015 1,368,000.
13 Sidewalks and Streetlighting on Whitevale Bypass 2018 2,204,000
14 Sidewalks and Streetlighting on s ·side of Hwy 7 2020 1,159,000
15' Trails on Regional Roads 2018 2,897,500
Regional Roads Enhancements Sub-total 13,328,500 -
' .
6257691
111
SCHEDULE "E"
'•
NOTICE PARTICULARS
TO THE CITY AS FOLLOWS:
City of Pickering
One The Esplanade
Pickering ON LlV 6K7
Facsimile: (905} 420-3534
Attention: City Solicitor
Attention: City Clerk
TO THE SLG AS FOLLOWS:
North Pickering Community Mqnagement Inc.
30 Madras Place
Brampton, ON L6S 2Z2
Facsimil~: ' (905} 458-948.0
Attention: Mr. Andrew Orr
Davies Howe Partners LLP
99 Spadina Avenue, 5th Floor
Toronto ON M5V 3P8
ATTACHMENT# ) TO REPORT# CA-O
d;;z_ .of. d).--05 ----!3 .
Atten_tiori: Mr. Daniel Steinberg and Mr. John Alati
1133373 Ontario Incorporated
c/o Lebovic Enterprises Limited
12045 McCowan Road, Box 1250
Stouffville ON L4A 8A2
· Facsimile: (905} 640-7369
Attention: Mr. Lloyd Cherniak
Lebovic Enterprises Limiteq
12045 McCowan Road, Box 1250
Stouffville ON L4A 8A2
Facsimile: (905} 640-7369
Attention: Mr. Lloyd Cherniak
112
113
with a copy to:
WeirFoulds LLP
4100-66 Wellington Street West
PO Box 35, Toronto-Dominion Centre
Toronto ON MSK 1~7
Facsimile: (416) 365-1876
-Attention: Mr. Michael McQuaid
Affiliated Realty Corporation limited
c/o Masters and Masters
65 Queen Street West, Suite 440
Toronto, ON MSH 2MS
Facsimile: (416) 361-6181
ATIACHMENT# J TO REPORT# CAO
c93 .of.~ D5-!:3
Attention: Mr. Robert Masters and Mr .. Russell Masters
Chestermere Investments limited
cjo Robiris, Appleby & Taub LLP
Barristers and Solicitors
120 Adelaide Street W'est, Suite 2600
Toronto, Ontario_ MSH 1T1
Facsimile: (416) 868-0306
Attention: Mr. Ronald Appleby
Hunley. Homes limited
cfo Metrus Developments Inc.
1700 Langstaff Road, Suite 2003
Concord ON L4K 3S3
Facsimile: (905) 669-2134
Attention: Mr. Bruce Fischer
1350557 Ontario limited
cfo -Brookfield Homes
7303 Warden Avenue, Suite 100
Markham ON L3R SY6 .
Facsimile: (905) 477-9001
Attention: Mr. Peter Nesbitt
Zavala Developments Inc.
, c/o Metrus Developments Inc.
1700 Langstaff Road, Suite 2003
Concord ON L4K 3S3
Facsimile: (905) 669-1134
Attention: Mr. Bruce Fischer
Mattamy (Seaton) Limited
c/o The Mattamy Development Company
206-140 Renfrew Drive
Markham ON M1X 1A1
Facsimile: (905) 829-7844
Attention: Gary Gregoris
White Sun Developments Limited
4576 Yonge St.
Suite 500
Toronto, ON M2N 6N4
Attention: Mr. Robert Yanowski
with a copy to:
Harris, Sheaffer LLP
Suite 610, 4100 Yonge St.
Toronto, ON M2P 2B5
Attentiqn: Mr. Robert Sheaffer
Ontario Infrastructure and Lands Corporation
1 Dundas Street West, Suite 2000
Toronto, ON M5G 2L5
Facsimile: (416) 327-3942
AITACHMENT# / ~0 REPORT# CA:O
df .of. ex;-os~;3
Attention: Mr. Graham Martin, General Manager, Acquisition/Easements
114
115
with a copy to:
Chappell PartnerslLP
20 Queen Street West, .Suite 3310
Toronto ON MSH 3R3
Facsimile: (416) 351-0002
Attention: Mr. David Flynn
! -·.
ATTACHMENT# I TO REPORT# CF\0
CJ'? .of. ex;-os; ..-1 ~